There is hereby established the Stormwater Management and Residential Resilience Retrofit Program, hereinafter the "Program", for the purpose of providing property owners the incentive to invest in stormwater management to improve the quality of life in our communities with green stormwater retrofits and to help Prince George's County meet its obligations under the Clean Water Act to reduce stormwater pollution in its rivers and streams. The Program shall be administered by the Department of the Environment. The Program shall be operated as a rebate program for eligible climate resilience and stormwater management expenditures and the Director of the Department of Environment may promulgate regulations to operate the program in a manner where the property owner and Department of Environment execute projects via a cost-share agreement for any of the practices authorized in Section 32-201.03 subsection (j).

Individuals, commercial businesses, multi-family dwellings, homeowners associations, condominium associations, civic associations, non-profit organizations and not-for-profit organizations, including housing cooperatives, with property located in Prince George's County are eligible to receive rebates pursuant to the Program subject to eligibility criteria. A stormwater management retrofit application must be approved by the Department of the Environment prior to construction to be eligible. An applicant for a rain barrel project must meet eligibility criteria established by the Department of the Environment; however, preapproval by the Department of the Environment is not required to receive a rebate. An applicant is eligible as long as: The applicant owns the property or is a non-profit organization with an agreement to complete a project on private or public land. The application for the project was approved within 12 months of the completion date or in the case of a rain barrel, the receipt or invoice should be within 12 months of the rebate received. The Department of the Environment has inspected a completed project and found it to be in compliance with its original approved application and the project follows the Department's best practice guidelines and criteria for that type of project. All invoices and receipts for the entire amount shall be submitted to the Department of the Environment for review and approval. If eligible for a rebate, a rebate check will be provided by the Department of Finance. Applicants will not be eligible if their project is associated with permit approval requirements for new building construction, additions, or renovations. Applicants will not be eligible if the property is located within a municipality that has a similar rebate program for stormwater management projects. If a municipality offers a tree-planting rebate program, but caps the program at less than the county, a resident may apply to the county to allow for purchase of additional trees not addressed by the municipal rebate program. The Department of the Environment shall promulgate regulations consistent with this law to administer the Program. Regulations shall include the provision of best practice guidelines and criteria for each type of stormwater project to aide an applicant's understanding of what is required for a completed project to qualify. Regulations shall include mechanisms for enabling participation in under-served communities and equity areas. This may include a sliding copay scale. Regulations shall be proposed by no later than 6 months after enactment, and published in final form by no later than 12 months after enactment. The Department shall prioritize establishing regulations and guidelines for rain barrels. Rain barrel rebates from funds appropriated in the Fiscal Year 2013 budget may be used upon enactment of regulations that the Department of the Environment promulgates for them. The Department of the Environment shall select a minimum of six target communities in which to do intensified public outreach, education, and demonstrations for the Program. The target communities shall include at least six communities prioritizing regions of the county with significant impervious surface coverage. The Department of the Environment shall establish a list of qualified private and non-profit contractors that property owners may utilize to implement a stormwater retrofit project, including Prince George's based businesses.

With the exception of rain barrels, applications for rebates shall commence with the beginning of Fiscal Year 2014. Rebates will be awarded on a first-come first-served basis. The amount of a rebate provided shall not exceed the cost of the project. Lifetime rebate ceilings per property are $6,000 for residential projects and $20,000 for commercial, multi-family dwelling, home-owners associations, condominium associations, civic associations, non-profit entities and not-for-profit organizations. An applicant may do multiple projects until the rebate ceilings are met. Non-profit organizations may annually perform community projects up to the $20,000 ceiling that the Department of the Environment determines to be an eligible use of the funds. Community projects are those techniques performed by organizations that are established pursuant to Section 501(c)(3) of the Internal Revenue Code. Community projects consist of stormwater management techniques that benefit the community and are located on public property. The Department of the Environment is authorized to enter into contracts with non-profit organizations and residential property owners for the purpose of financing Stormwater Management and Residential Resilience Retrofit Program projects. The purpose of the contracts is to provide upfront costs for the residential property owner who may otherwise not be able to afford to participate in the Program. Non-profit organizations shall pay the initial costs and are eligible to receive a rebate prior to construction with an approved application and an authorized property owner agreement. Prior to receiving the rebate, non-profit organizations shall be required to demonstrate capacity and resources to perform and complete the project pursuant to the Department of the Environment Rain Check Rebate regulations. The property owner shall pay the non-profit for the balance of the cost not covered by the rebate. The Department and non-profit organizations shall focus on communities with significant impervious surface coverage or where the Program has the potential to make an impact on residential flooding and quality of life. Contracts for payment of upfront costs are subject to the Program requirements set forth in Sections 32-201.01, 32-201.02, 32-201.03, 32-201.04, and 32-201.05 of this Subtitle. The Department shall provide applicants for residential rebates the maintenance guidelines for the project and available resources for technical assistance. The Department may require applicants for residential rebates to sign a voluntary property owner agreement to maintain the project. Applicants for a commercial or public use shall sign an operations and maintenance agreement for the project. The Department shall promulgate regulations to govern all aspects related to maintenance of the project over its useful life. Individual members of a housing cooperative may apply for rebates under the residential incentives category subject to Department regulations. In order to receive a rebate, an agreement shall be executed between the applicant and the County that shall allow the County to place promotional signage for the Program on their property, take and use photos, and do follow-up evaluations. There will also be a voluntary option to agreeing to participate in any project tours the County holds to promote the Program. The following techniques will be made available for rebates: Technique Residential One or more techniques may be installed for a lifetime maximum rebate of $6,000 per property. Commercial, Homeowner Associations, Condominium Associations, Civic Associations, Multi-Family Dwelling, Non Profits, Not-for-Profit Organizations One or more techniques may be installed for a lifetime maximum rebate of $20,000 per property. Urban Tree Canopy $150/tree $150/tree Rain Barrels $2/gallon stored (must capture 50 gallons) $2/gallon stored (Must capture 100 gallons) Cisterns $2/gallon stored, 250 gallons minimum $2/gallon stored, 250 gallons minimum Rain Garden $10/square foot minimum size 100 square feet $10/square foot minimum size 100 square feet Permeable Pavement $12/square foot $12/square foot 400 square foot minimum Pavement Removal $6/square foot $6/square foot; 400 square foot minimum Green Roofs $10/square foot; minimum ¼ roof retrofit $10/square foot - if less than 6" of planting material; $20/square foot - if over 6" of planting material; minimum ¼ roof retrofit Conservation Landscaping $5/square foot; minimum size 250 square feet $5/square foot; minimum size 250 square feet

The source of funding for the Stormwater Management and Residential Resilience Retrofit Program shall be the Stormwater Management District Fund, set forth in Section 10-264 of the County Code. For Fiscal Year 2014 and for each fiscal year thereafter, the County shall appropriate $3.0 million in Stormwater Management District Funds to the Program, as provided for in the County's approved current expense budget. If the granting of a rebate would cause the annual appropriation to be exceeded, the rebate shall be granted in the next fiscal year, or fiscal years in the order of eligible applications received. Up to ten percent (10%) of the $3.0 million appropriation, in each fiscal year maybe expended on technical assistance for managing the Program, educating owners on how to install and maintain their projects, promotional expenses, and other related stormwater management expenses. At least (50%) of the appropriation, in each fiscal year shall be utilized for rebates as described in Section 32-201.03; the remainder may be used to execute a cost-share program as described in Section 32-201.01(b). Pursuant to Section 10-248.05 of the County Code, at the end of each fiscal year, unexpended funds from the Program shall not automatically lapse into the general fund but shall accumulate within the Stormwater Management District Fund and be available for appropriation to the Stormwater Management District Fund in subsequent fiscal years.

The Director of the Department of the Environment shall provide an annual report to the County Council on the Program on or before December 31st of each year for the previous fiscal year, to include: The number of applications received; The number of applications denied; The amount and types of applications approved; and The location by Council District of the number of applications received and denied and the amount and types of applications approved.