Maryland 2023 2023 Regular Session

Maryland House Bill HB239 Introduced / Bill

Filed 01/24/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0239*  
  
HOUSE BILL 239 
L6, N1   	3lr1770 
    	CF 3lr1216 
By: Delegates J. Long, Addison, Charles, Foley, Grossman, Holmes, Lehman, 
Palakovich Carr, Smith, Stewart, Toles, and Woods 
Introduced and read first time: January 23, 2023 
Assigned to: Environment and Transportation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Accessory Dwelling Unit Promotion and Policy Task Force 2 
 
FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task 3 
Force to study state and local government efforts to promote the creation of accessory 4 
dwelling units on land zoned for single–family residential use and review existing 5 
laws and policies associated with the development of accessory dwelling units 6 
throughout the State of Maryland; and generally relating to the Accessory Dwelling 7 
Unit Promotion and Policy Task Force. 8 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 9 
That: 10 
 
 (a) (1) In this section the following words have the meanings indicated. 11 
 
 (2) “Accessory dwelling unit” means a secondary dwelling unit on the same 12 
lot, parcel, or tract as a primary dwelling unit that is constructed: 13 
 
 (i) attached to, or through the conversion of, a portion of the primary 14 
dwelling unit; 15 
 
 (ii) attached to, or through the full or partial conversion of, an 16 
accessory structure located on the same lot, parcel, or tract as the primary dwelling unit; 17 
or  18 
 
 (iii) as a new building, detached from the primary dwelling unit and 19 
any existing accessory structure. 20 
 
 (3) “Dwelling unit” means a single unit that provides independent living 21 
facilities for at least one person. 22 
  2 	HOUSE BILL 239  
 
 
 (4) “Utility” means water or sewer disposal services provided by: 1 
 
 (i) a private company regulated under Division I of the Public 2 
Utilities Article; 3 
 
 (ii) the Washington Suburban Sanitary Commission regulated 4 
under Division II of the Public Utilities Article; 5 
 
 (iii) a sanitary commission regulated under Title 9, Subtitle 6 of the 6 
Environment Article; or 7 
 
 (iv) a municipal authority regulated under Title 9, Subtitle 7 of the 8 
Environment Article. 9 
 
 (b) There is an Accessory Dwelling Unit Promotion and Policy Task Force. 10 
 
 (c) The Task Force consists of the following members: 11 
 
 (1) one member of the Senate of Maryland, appointed by the President of 12 
the Senate; 13 
 
 (2) one member of the House of Delegates, appointed by the Speaker of the 14 
House; 15 
 
 (3) the Secretary of Planning, or the Secretary’s designee; and 16 
 
 (4) the following members, appointed by the Governor: 17 
 
 (i) one representative of the Maryland Association of Counties; 18 
 
 (ii) one representative of the Maryland Municipal League;  19 
 
 (iii) one representative of the Maryland Building Industry 20 
Association;  21 
 
 (iv) one representative of the Maryland Association of Realtors;  22 
 
 (v) one representative of the Community Associations Institute; 23 
 
 (vi) one individual with professional experience as a building 24 
inspector in the State; 25 
 
 (vii) one individual with professional experience in community 26 
development, including the planning of residential and mixed –use residential 27 
developments in urban, suburban, and rural areas of the State; and 28 
   	HOUSE BILL 239 	3 
 
 
 (viii) one individual with professional experience in the planning and 1 
development of roads and highways. 2 
 
 (d) The Governor shall designate the chair of the Task Force. 3 
 
 (e) The Department of Planning shall provide staff for the Task Force. 4 
 
 (f) A member of the Task Force: 5 
 
 (1) may not receive compensation as a member of the Task Force; but 6 
 
 (2) is entitled to reimbursement for expenses under the Standard State 7 
Travel Regulations, as provided in the State budget. 8 
 
 (g) In order to help the State meet its affordable housing needs, the Task Force 9 
shall: 10 
 
 (1) study state and local government efforts to promote the creation of 11 
accessory dwelling units on land zoned for single–family residential use, including laws or 12 
policies intended to: 13 
 
 (i) establish limits on the maximum square footage of an accessory 14 
dwelling unit, relative to the square footage of the primary dwelling unit; 15 
 
 (ii) streamline or standardize the application process for permits 16 
necessary to build or operate an accessory dwelling unit; 17 
 
 (iii) reduce or eliminate development impact fees, building excise 18 
taxes, or utility connection fees for accessory dwelling units under a certain square footage; 19 
and 20 
 
 (iv) authorize the developer of an accessory dwelling unit to utilize 21 
existing utility connections between the primary dwelling unit and a water or sewer main, 22 
provided the existing connection is deemed sufficient to support the addition of the 23 
accessory dwelling unit; 24 
 
 (2) review existing laws and policies associated with the development of 25 
accessory dwelling units throughout the State, including laws and policies concerning: 26 
 
 (i) the management or limitation of residential growth in areas 27 
zoned for single–family residential use;  28 
 
 (ii) minimum lot sizes for the development of new dwelling units; 29 
 
 (iii) setback requirements from the side and rear lot lines for a 30 
dwelling unit or accessory structure;  31 
  4 	HOUSE BILL 239  
 
 
 (iv) minimum square footage requirements for dwelling units; 1 
 
 (v) the connection of accessory dwelling units to utilities; and 2 
 
 (vi) off–street parking requirements; and 3 
 
 (3) make legislative or other policy recommendations, including a list of 4 
best practices for local governments in the State, that promote and encourage the creation 5 
and operation of accessory dwelling units on land zoned for single–family residential use. 6 
 
 (h) (1) On or before December 31, 2023, the Task Force shall report its 7 
activities undertaken during 2023 to the Governor and, in accordance with § 2–1257 of the 8 
State Government Article, the General Assembly. 9 
 
 (2) On or before December 1, 2024, the Task Force shall report its findings 10 
and recommendations to the Governor and, in accordance with § 2–1257 of the State 11 
Government Article, the General Assembly. 12 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 13 
1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June 14 
30, 2025, this Act, with no further action required by the General Assembly, shall be 15 
abrogated and of no further force and effect. 16