STATE
New Laws Effective October 1, 2008
HB 407 - Commissioner of Labor and Industry - Boiler and Pressure Vessel Safety -Authorized Inspection Agencies
House Bill 407 attempts to address the backlog in State inspections of boilers and pressure vessels by allowing additional options for inspections. The law allows the Commissioner of Labor and Industry to commission special inspectors employed by an “authorized inspection agency,” which is a nationally accredited entity that meets certain national qualifications and definitions. The special inspectors employed by an authorized inspection agency can make certificate inspections under a contract with the Commissioner, an insurer, or an owner of a boiler or pressure vessel. The Commissioner can also contract with an insurer that employs special inspectors to conduct certain inspections of boilers and pressure vessels.
HB 808/SB 622 - Business Regulation - Stationary Engineers - Boilers
House Bill 808 establishes that a licensed stationary engineer is not required to oversee the operation of a “heating boiler.”
HB 647/ SB 313 - Real Property - Construction Contracts - Retention Proceeds
House Bill 647 limits to 5% the percentage of a construction contract that an owner or contractor can retain to guarantee that a contractor or subcontractor completes the work required by the contract if the contractor has provided 100% performance and payment security. If an owner retains less than 5% of a contract from a contractor, the contractor may not retain more than that amount from a subcontractor. However, the bill provides that additional amounts may be withheld if a contractor's or subcontractor's performance warrants it. The bill exempts contracts of less than $250,000 and any projects funded wholly or partially by the Department of Housing and Community Development.
Effective Date: The bill applies only prospectively and does not affect any contract awarded before October 1, 2008.
HB 1309 - Business Regulation - Mold Remediation Services - Licensing
House Bill 1309 establishes licensure of mold remediation companies and firms by the Maryland Home Improvement Commission. These requirements do not apply to mold remediation on nonresidential property.
HB 117 - Real Property - Solar Collector Systems - Restriction on Use and Solar Easement
House Bill 117 makes several definitional and substantive changes to the laws governing restriction of private solar collection system usage. The bill permits the creation of a solar easement.
HB 742/SB 281 - Affordable Housing Programs - Waiver or Modification of Fees and Charges -Enabling Authority for Counties and Municipalities
House Bill 742 authorizes a county or municipality to waive or modify a building permit or development impact fees and charges that are not mandated under State law for the construction or rehabilitation of lower-income housing units by a nonprofit organization in order to support, foster, or promote an affordable housing program. The bill terminates September 30, 2011.
SB 718 - Lead Risk Reduction - Acquisition of Property - Compliance Requirements
Senate Bill 718 establishes new provisions under the Reduction of Lead Risk in Housing subtitle that authorize a person who intends to acquire an occupied affected property that is in violation of the risk reduction requirements under current law to submit a compliance plan to MDE. An application fee of $200 for each occupied affected property and each occupied unit in a multifamily affected property, up to $10,000, must be paid. If approved, the property is considered to be in compliance.
HB 767 - SB 577 Individuals with Disabilities and Parents of Minors with Disabilities – Service Animals
House Bill 767 grants to all individuals with disabilities and the parents of minor children with disabilities the same rights of access to public places, accommodations, and conveyances, as well as housing accommodations that are currently afforded to blind, visually impaired, deaf, and hard of hearing individuals. A parent of a minor with a disability who is accompanied by a service animal cannot be denied admittance or be required to pay extra compensation for the service animal.
HB 452 - Landlord and Tenant - Summary Ejectment - Deceased Tenant
House Bill 452 addresses the situation where a tenant has died without a will and without next of kin. Housing providers are required by State law to follow specific procedures in order to evict tenants who fail to pay rent or otherwise breach the terms of a lease. However, when a tenant is deceased with no apparent next of kin, repossessing and renting the unit can be problematic. This bill was introduced at AOBA's request.
MONTGOMERY COUNTY
County Council Proposes Excise Tax on Employee Parking Spaces
Councilwoman Nancy Floreen (D) plans to introduce a bill when the County Council returns this month that establishes an excise tax on the use of land for parking spaces of nonresidential property. The revenue from this tax, anticipated to generate $75 million yearly, is to be earmarked for the funding of mass transit capital improvement projects. Tax credits will be available for businesses that implement effective transit and carpooling initiatives.
The excise tax on parking is yet another piece of green legislation that Floreen has worked on in the past year. In the spring of 2008, Floreen was instrumental in passing a package of seven green bills aimed at combating global warming.
Her draft bill applies the tax to any person who makes available land as a paid parking area or for the parking of motor vehicles by employees of any business (for-profit and nonprofit), requiring them to register, file a tax return and pay an excise tax each year on the land used for parking purposes. The person liable for the tax is:
- The individual or business that employs the operator of a paid parking area – for all spaces in that parking area
- The individual or business that employs the manager of a
- multi-tenant office building
- industrial park
- shopping center or mall
- mixed-use development
- The business that occupies any single-tenant office, commercial, retail, or industrial building, for all spaces used by employees in that building
The draft bill charges $250.00 for each parking space made available for 90 days or more during the calendar year and $250.00 for each parking space in a paid parking area. Exemptions are provided for:
- Metered parking spaces
- Parking for mass transit
- Areas used only to store motor vehicles
- Areas used to only store new or used vehicles for sale, lease, and repair
- Parking operated by any government
A person may reduce the tax by implementing a traffic mitigation agreement approved by the County or a municipality. Failure to register and/or pay the excise tax can result in certain penalties.
Rent Control Study Updated
The University of Maryland's School of Public Policy recently concluded an update of its 2005 Takoma Park Rent Control study. The updated study: 1) looks historically at assessment increases in Takoma Park, compared to Montgomery County as a whole, 2) extrapolates the impact of rent control on assessments over the next couple of decades and 3) as a way to assess the extent of the affordability problem, develops a better understanding of the percent of income County residents are currently paying for rent.
The report, entitled “Some Implications of the Re-imposition of Rent Control in Montgomery County, Maryland (July 2008),” also delineates the effects of rent control on state property tax revenues. Three School of Public Policy graduate students compiled the report under the supervision of Senior Fellow Jacqueline Rogers.
The School's 2005 study found that the Takoma Park program's suppression of market level rents led to a decrease in the appraised value of the properties, thus reducing property tax revenues. It also determined that the program failed to maintain affordable housing for those most in need of it and that, conversely, those able to afford market level rents benefited the most.
The updated study will presumably be influential in any consideration by the County Council and Executive of proposals to extend rent control County-wide.
PRINCE GEORGE'S COUNTY
New Fire/EMS Outreach and Education Programs Implemented for Residents
July's Maryland edition of At Issue introduced a new community outreach and education program for County residents living in multi-dwelling facilities by the Prince George's County Fire/Emergency Medical Services (FEMS) Department. Because response from housing providers has been minimal, AOBA is republishing the article and encourages members to contact FEMS and receive more information about it:
The FEMS Public Affairs Office is launching an Apartment Fire Safety/Renters' Insurance Coverage Program, in partnership with the Maryland Insurance Administration (MIA), in a continuing effort to decrease deaths, injuries and property losses due to fires.
This program will provide vital information regarding fire prevention and emergency preparedness, along with insurance coverage options available to those who live in apartments or other multi-dwelling facilities. The FEMS Department will provide safety and emergency preparedness information, and MIA will provide general information regarding various types of insurance packages, so that renters can make educated decisions regarding the protection of their personal property. This information can be provided in the form of workshops, table-top presentations, in-service training, or information packets to be included in "Move-in Packages."
In addition, the FEMS Department can provide injury prevention information and workshops for seniors and children, along with blood pressure screenings. Through its partnerships with other County agencies, FEMS can also provide:
- Preventive Health Information and Workshops;
- Finger-printing;
- Gun Safety;
- Crime Prevention Information and Workshops;
- Disaster (Natural and Man-made) Preparedness;
- C.E.R.T. (Community Emergency Response Team) Training; and
- Other programs as needed.
To receive more information about the Apartment Fire Safety/Renters' Insurance Coverage Program, or to schedule a community outreach program with the FEMS Public Affairs Office, the Department would like property owners and managers to contact Anea Jordan at (301) 583-1882 or (301) 583-1821.
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