Maryland 2023 2023 Regular Session

Maryland Senate Bill SB382 Enrolled / Bill

Filed 04/10/2023

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
         Underlining indicates amendments to bill. 
         Strike out indicates matter stricken from the bill by amendment or deleted from the law by 
amendment. 
         Italics indicate opposite chamber/conference committee amendments. 
          *sb0382*  
  
SENATE BILL 382 
L6, N1   	(3lr1216) 
ENROLLED BILL 
— Education, Energy, and the Environment/Environment and Transportation — 
Introduced by Senator M. Washington 
 
Read and Examined by Proofreaders: 
 
_______________________________________________ 
Proofreader. 
_______________________________________________ 
Proofreader. 
 
Sealed with the Great Seal and presented to the Governor, for his approval this 
  
_______ day of _______________ at ________________________ o’clock, ________M. 
  
______________________________________________ 
President.  
 
CHAPTER ______ 
 
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 the placement of accessory dwelling units on land 7 
zoned for single–family residential use and to survey and document a representative 8 
sampling of the variety of ordinances, laws, codes, and policies regarding accessory 9 
dwelling units at the State and local level; and generally relating to the Accessory 10 
Dwelling Unit Promotion and Policy Task Force. 11 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 12 
That: 13 
  2 	SENATE BILL 382  
 
 
 (a) (1) In this section the following words have the meanings indicated. 1 
 
 (2) “Accessory dwelling unit” means a secondary dwelling unit on the same 2 
lot, parcel, or tract as a primary dwelling unit that is constructed: 3 
 
 (i) attached to, or through the conversion of, a portion of the primary 4 
dwelling unit; 5 
 
 (ii) attached to, or through the full or partial conversion of, an 6 
accessory structure located on the same lot, parcel, or tract as the primary dwelling unit; 7 
or  8 
 
 (iii) as a new building, detached from the primary dwelling unit and 9 
any existing accessory structure. 10 
 
 (3) “Dwelling unit” means a single unit that provides independent living 11 
facilities for at least one person. 12 
 
 (4) “Utility” means water or sewer disposal services provided by: 13 
 
 (i) a private company regulated under Division I of the Public 14 
Utilities Article; 15 
 
 (ii) the Washington Suburban Sanitary Commission regulated 16 
under Division II of the Public Utilities Article; 17 
 
 (iii) a sanitary commission regulated under Title 9, Subtitle 6 of the 18 
Environment Article; or 19 
 
 (iv) a municipal authority regulated under Title 9, Subtitle 7 of the 20 
Environment Article. 21 
 
 (b) There is an Accessory Dwelling Unit Promotion and Policy Task Force. 22 
 
 (c) The Task Force consists of the following members: 23 
 
 (1) one member of the Senate of Maryland, appointed by the President of 24 
the Senate; 25 
 
 (2) one member of the House of Delegates, appointed by the Speaker of the 26 
House; 27 
 
 (3) the Secretary of Planning, or the Secretary’s designee; and 28 
 
 (4) the Secretary of Housing and Community Development, or the 29 
Secretary’s designee; and  30 
   	SENATE BILL 382 	3 
 
 
 (4) (5) the following members, appointed by the Governor: 1 
 
 (i) one representative of the Maryland Association of Counties from 2 
an urban county; 3 
 
 (ii) one representative of the Maryland Association of Counties from 4 
a rural county; 5 
 
 (ii) (iii) one representative of the Maryland Municipal League 6 
from an urban municipality; 7 
 
 (iv) one representative of the Maryland Municipal League from a 8 
rural municipality;  9 
 
 (iii) (v) one representative of the Maryland Building Industry 10 
Association;  11 
 
 (iv) (vi) one representative of the Maryland Association of 12 
Realtors;  13 
 
 (v) one representative of the Community Associations Institute; 14 
 
 (vi) (vii) one representative from the Chesapeake Region Chapter 15 
of the Community Associations Institute; 16 
 
 (vii) (viii) one representative from the American Institute of 17 
Architects Maryland; 18 
 
 (viii) (ix) one representative from the American Association of 19 
Retired Persons Maryland; and 20 
 
 (ix) (x)  one representative from the Maryland Coalition for 21 
Interior Designers; and 22 
 
 (xi) one individual with professional experience in the planning and 23 
development of roads and highways.  24 
 
 (vi) one individual with professional experience as a building 25 
inspector in the State; 26 
 
 (vii) one individual with professional experience in community 27 
development, including the planning of residential and mixed –use residential 28 
developments in urban, suburban, and rural areas of the State; and 29 
 
 (viii) one individual with professional experience in the planning and 30 
development of roads and highways. 31 
  4 	SENATE BILL 382  
 
 
 (d) The Governor shall designate the chair of the Task Force. 1 
 
 (e) The Department of Planning shall provide staff for the Task Force. 2 
 
 (f) A member of the Task Force: 3 
 
 (1) may not receive compensation as a member of the Task Force; but 4 
 
 (2) is entitled to reimbursement for expenses under the Standard State 5 
Travel Regulations, as provided in the State budget. 6 
 
 (g) In order to help the State meet its affordable housing needs, the The Task 7 
Force shall: 8 
 
 (1) study state and local government efforts to promote the creation of the 9 
placement of accessory dwelling units on land zoned for single–family residential use, 10 
including laws or policies intended to: focused primarily on owner occupied properties; 11 
 
 (2) survey and document a representative sampling of the variety of 12 
ordinances, laws, codes, and policies regarding accessory dwelling units at the State and 13 
local level; and  14 
 
 (1) survey and document a representative sampling of State and local codes, 15 
laws, ordinances, and policies regarding the development and operation of accessory 16 
dwelling units in areas zoned for single–family residential use, including those codes, laws, 17 
ordinances, and policies that address residential growth in these areas; 18 
 
 (2) study available best practices for streamlining or standardizing the 19 
application process for permits necessary to build or operate an accessory dwelling unit; and  20 
 
 (i) establish limits on the maximum square footage of an accessory 21 
dwelling unit, relative to the square footage of the primary dwelling unit; 22 
 
 (ii) streamline or standardize the application process for permits 23 
necessary to build or operate an accessory dwelling unit; 24 
 
 (iii) reduce or eliminate development impact fees, building excise 25 
taxes, or utility connection fees for accessory dwelling units under a certain square footage; 26 
and 27 
 
 (iv) authorize the developer of an accessory dwelling unit to utilize 28 
existing utility connections between the primary dwelling unit and a water or sewer main, 29 
provided the existing connection is deemed sufficient to support the addition of the 30 
accessory dwelling unit; 31 
 
 (2) review existing laws and policies associated with the development of 32 
accessory dwelling units throughout the State, including laws and policies concerning: 33   	SENATE BILL 382 	5 
 
 
 
 (i) the management or limitation of residential growth in areas 1 
zoned for single–family residential use;  2 
 
 (ii) minimum lot sizes for the development of new dwelling units; 3 
 
 (iii) setback requirements from the side and rear lot lines for a 4 
dwelling unit or accessory structure;  5 
 
 (iv) minimum square footage requirements for dwelling units; 6 
 
 (v) the connection of accessory dwelling units to utilities; and 7 
 
 (vi) off–street parking requirements; and 8 
 
 (3) make legislative or other policy recommendations, including a list of 9 
best practices for local governments in the State, that holistically address: promote and 10 
encourage the creation and operation of accessory dwelling units on land zoned for  11 
single–family residential use includes impacts on local housing markets, neighborhood 12 
livability, and other policies and projects related to accessory dwelling units  13 
 
 (i) the practical issues associated with the development of accessory 14 
dwelling units on owner–occupied land zoned for single–family residential use; and 15 
 
 (ii) the impacts on local housing markets, neighborhood livability, 16 
and other policies and projects related to accessory dwelling units. 17 
 
 (h) (1) On or before December 31 November 1, 2023, the Task Force shall 18 
report its activities undertaken during 2023 to the Governor and, in accordance with §  19 
2–1257 of the State Government Article, the General Assembly. 20 
 
 (2) On or before December June 1, 2024, the Task Force shall report its 21 
findings and recommendations to the Governor and, in accordance with § 2–1257 of the 22 
State Government Article, the General Assembly. 23 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24 
1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June 25 
30, 2025, this Act, with no further action required by the General Assembly, shall be 26 
abrogated and of no further force and effect.  27