MD
Maryland Senate Bill SB382

Maryland 2023 Regular Session

Maryland Senate Bill SB382 Compare Versions

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1- WES MOORE, Governor Ch. 799
21
3-– 1 –
4-Chapter 799
5-(Senate Bill 382)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *sb0382*
810
9-Accessory Dwelling Unit Promotion and Policy Task Force
11+SENATE BILL 382
12+L6, N1 (3lr1216)
13+ENROLLED BILL
14+— Education, Energy, and the Environment/Environment and Transportation —
15+Introduced by Senator M. Washington
1016
11-FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task
12-Force to study state and local government efforts to promote the creation of accessory
13-dwelling units on land zoned for single–family residential use and review existing
14-laws and policies associated with the development of accessory dwelling units
15-throughout the State of Maryland the placement of accessory dwelling units on land
16-zoned for single–family residential use and to survey and document a representative
17-sampling of the variety of ordinances, laws, codes, and policies regarding accessory
18-dwelling units at the State and local level; and generally relating to the Accessory
19-Dwelling Unit Promotion and Policy Task Force.
17+Read and Examined by Proofreaders:
2018
21- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
22-That:
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2323
24- (a) (1) In this section the following words have the meanings indicated.
24+Sealed with the Great Seal and presented to the Governor, for his approval this
2525
26- (2) “Accessory dwelling unit” means a secondary dwelling unit on the same
27-lot, parcel, or tract as a primary dwelling unit that is constructed:
26+_______ day of _______________ at ________________________ o’clock, ________M.
2827
29- (i) attached to, or through the conversion of, a portion of the primary
30-dwelling unit;
28+______________________________________________
29+President.
3130
32- (ii) attached to, or through the full or partial conversion of, an
33-accessory structure located on the same lot, parcel, or tract as the primary dwelling unit;
34-or
31+CHAPTER ______
3532
36- (iii) as a new building, detached from the primary dwelling unit and
37-any existing accessory structure.
33+AN ACT concerning 1
3834
39- (3) “Dwelling unit” means a single unit that provides independent living
40-facilities for at least one person.
35+Accessory Dwelling Unit Promotion and Policy Task Force 2
4136
42- (4) “Utility” means water or sewer disposal services provided by:
37+FOR the purpose of establishing the Accessory Dwelling Unit Promotion and Policy Task 3
38+Force to study state and local government efforts to promote the creation of accessory 4
39+dwelling units on land zoned for single–family residential use and review existing 5
40+laws and policies associated with the development of accessory dwelling units 6
41+throughout the State of Maryland the placement of accessory dwelling units on land 7
42+zoned for single–family residential use and to survey and document a representative 8
43+sampling of the variety of ordinances, laws, codes, and policies regarding accessory 9
44+dwelling units at the State and local level; and generally relating to the Accessory 10
45+Dwelling Unit Promotion and Policy Task Force. 11
4346
44- (i) a private company regulated under Division I of the Public
45-Utilities Article;
47+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 12
48+That: 13
49+ 2 SENATE BILL 382
4650
47- (ii) the Washington Suburban Sanitary Commission regulated
48-under Division II of the Public Utilities Article;
49- Ch. 799 2023 LAWS OF MARYLAND
5051
51-– 2 –
52- (iii) a sanitary commission regulated under Title 9, Subtitle 6 of the
53-Environment Article; or
52+ (a) (1) In this section the following words have the meanings indicated. 1
5453
55- (iv) a municipal authority regulated under Title 9, Subtitle 7 of the
56-Environment Article.
54+ (2) “Accessory dwelling unit” means a secondary dwelling unit on the same 2
55+lot, parcel, or tract as a primary dwelling unit that is constructed: 3
5756
58- (b) There is an Accessory Dwelling Unit Promotion and Policy Task Force.
57+ (i) attached to, or through the conversion of, a portion of the primary 4
58+dwelling unit; 5
5959
60- (c) The Task Force consists of the following members:
60+ (ii) attached to, or through the full or partial conversion of, an 6
61+accessory structure located on the same lot, parcel, or tract as the primary dwelling unit; 7
62+or 8
6163
62- (1) one member of the Senate of Maryland, appointed by the President of
63-the Senate;
64+ (iii) as a new building, detached from the primary dwelling unit and 9
65+any existing accessory structure. 10
6466
65- (2) one member of the House of Delegates, appointed by the Speaker of the
66-House;
67+ (3) “Dwelling unit” means a single unit that provides independent living 11
68+facilities for at least one person. 12
6769
68- (3) the Secretary of Planning, or the Secretary’s designee; and
70+ (4) “Utility” means water or sewer disposal services provided by: 13
6971
70- (4) the Secretary of Housing and Community Development, or the
71-Secretary’s designee; and
72+ (i) a private company regulated under Division I of the Public 14
73+Utilities Article; 15
7274
73- (4) (5) the following members, appointed by the Governor:
75+ (ii) the Washington Suburban Sanitary Commission regulated 16
76+under Division II of the Public Utilities Article; 17
7477
75- (i) one representative of the Maryland Association of Counties from
76-an urban county;
78+ (iii) a sanitary commission regulated under Title 9, Subtitle 6 of the 18
79+Environment Article; or 19
7780
78- (ii) one representative of the Maryland Association of Counties from
79-a rural county;
81+ (iv) a municipal authority regulated under Title 9, Subtitle 7 of the 20
82+Environment Article. 21
8083
81- (ii) (iii) one representative of the Maryland Municipal League
82-from an urban municipality;
84+ (b) There is an Accessory Dwelling Unit Promotion and Policy Task Force. 22
8385
84- (iv) one representative of the Maryland Municipal League from a
85-rural municipality;
86+ (c) The Task Force consists of the following members: 23
8687
87- (iii) (v) one representative of the Maryland Building Industry
88-Association;
88+ (1) one member of the Senate of Maryland, appointed by the President of 24
89+the Senate; 25
8990
90- (iv) (vi) one representative of the Maryland Association of
91-Realtors;
91+ (2) one member of the House of Delegates, appointed by the Speaker of the 26
92+House; 27
9293
93- (v) one representative of the Community Associations Institute;
94+ (3) the Secretary of Planning, or the Secretary’s designee; and 28
9495
95- (vi) (vii) one representative from the Chesapeake Region Chapter
96-of the Community Associations Institute;
97- WES MOORE, Governor Ch. 799
96+ (4) the Secretary of Housing and Community Development, or the 29
97+Secretary’s designee; and 30
98+ SENATE BILL 382 3
9899
99-– 3 –
100- (vii) (viii) one representative from the American Institute of
101-Architects Maryland;
102100
103- (viii) (ix) one representative from the American Association of
104-Retired Persons Maryland; and
101+ (4) (5) the following members, appointed by the Governor: 1
105102
106- (ix) (x) one representative from the Maryland Coalition for
107-Interior Designers; and
103+ (i) one representative of the Maryland Association of Counties from 2
104+an urban county; 3
108105
109- (xi) one individual with professional experience in the planning and
110-development of roads and highways.
106+ (ii) one representative of the Maryland Association of Counties from 4
107+a rural county; 5
111108
112- (vi) one individual with professional experience as a building
113-inspector in the State;
109+ (ii) (iii) one representative of the Maryland Municipal League 6
110+from an urban municipality; 7
114111
115- (vii) one individual with professional experience in community
116-development, including the planning of residential and mixed –use residential
117-developments in urban, suburban, and rural areas of the State; and
112+ (iv) one representative of the Maryland Municipal League from a 8
113+rural municipality; 9
118114
119- (viii) one individual with professional experience in the planning and
120-development of roads and highways.
115+ (iii) (v) one representative of the Maryland Building Industry 10
116+Association; 11
121117
122- (d) The Governor shall designate the chair of the Task Force.
118+ (iv) (vi) one representative of the Maryland Association of 12
119+Realtors; 13
123120
124- (e) The Department of Planning shall provide staff for the Task Force.
121+ (v) one representative of the Community Associations Institute; 14
125122
126- (f) A member of the Task Force:
123+ (vi) (vii) one representative from the Chesapeake Region Chapter 15
124+of the Community Associations Institute; 16
127125
128- (1) may not receive compensation as a member of the Task Force; but
126+ (vii) (viii) one representative from the American Institute of 17
127+Architects Maryland; 18
129128
130- (2) is entitled to reimbursement for expenses under the Standard State
131-Travel Regulations, as provided in the State budget.
129+ (viii) (ix) one representative from the American Association of 19
130+Retired Persons Maryland; and 20
132131
133- (g) In order to help the State meet its affordable housing needs, the The Task
134-Force shall:
132+ (ix) (x) one representative from the Maryland Coalition for 21
133+Interior Designers; and 22
135134
136- (1) study state and local government efforts to promote the creation of the
137-placement of accessory dwelling units on land zoned for single–family residential use,
138-including laws or policies intended to: focused primarily on owner occupied properties;
135+ (xi) one individual with professional experience in the planning and 23
136+development of roads and highways. 24
139137
140- (2) survey and document a representative sampling of the variety of
141-ordinances, laws, codes, and policies regarding accessory dwelling units at the State and
142-local level; and
138+ (vi) one individual with professional experience as a building 25
139+inspector in the State; 26
143140
144- (1) survey and document a representative sampling of State and local codes,
145-laws, ordinances, and policies regarding the development and operation of accessory Ch. 799 2023 LAWS OF MARYLAND
141+ (vii) one individual with professional experience in community 27
142+development, including the planning of residential and mixed –use residential 28
143+developments in urban, suburban, and rural areas of the State; and 29
146144
147-– 4 –
148-dwelling units in areas zoned for single–family residential use, including those codes, laws,
149-ordinances, and policies that address residential growth in these areas;
145+ (viii) one individual with professional experience in the planning and 30
146+development of roads and highways. 31
147+ 4 SENATE BILL 382
150148
151- (2) study available best practices for streamlining or standardizing the
152-application process for permits necessary to build or operate an accessory dwelling unit; and
153149
154- (i) establish limits on the maximum square footage of an accessory
155-dwelling unit, relative to the square footage of the primary dwelling unit;
150+ (d) The Governor shall designate the chair of the Task Force. 1
156151
157- (ii) streamline or standardize the application process for permits
158-necessary to build or operate an accessory dwelling unit;
152+ (e) The Department of Planning shall provide staff for the Task Force. 2
159153
160- (iii) reduce or eliminate development impact fees, building excise
161-taxes, or utility connection fees for accessory dwelling units under a certain square footage;
162-and
154+ (f) A member of the Task Force: 3
163155
164- (iv) authorize the developer of an accessory dwelling unit to utilize
165-existing utility connections between the primary dwelling unit and a water or sewer main,
166-provided the existing connection is deemed sufficient to support the addition of the
167-accessory dwelling unit;
156+ (1) may not receive compensation as a member of the Task Force; but 4
168157
169- (2) review existing laws and policies associated with the development of
170-accessory dwelling units throughout the State, including laws and policies concerning:
158+ (2) is entitled to reimbursement for expenses under the Standard State 5
159+Travel Regulations, as provided in the State budget. 6
171160
172- (i) the management or limitation of residential growth in areas
173-zoned for single–family residential use;
161+ (g) In order to help the State meet its affordable housing needs, the The Task 7
162+Force shall: 8
174163
175- (ii) minimum lot sizes for the development of new dwelling units;
164+ (1) study state and local government efforts to promote the creation of the 9
165+placement of accessory dwelling units on land zoned for single–family residential use, 10
166+including laws or policies intended to: focused primarily on owner occupied properties; 11
176167
177- (iii) setback requirements from the side and rear lot lines for a
178-dwelling unit or accessory structure;
168+ (2) survey and document a representative sampling of the variety of 12
169+ordinances, laws, codes, and policies regarding accessory dwelling units at the State and 13
170+local level; and 14
179171
180- (iv) minimum square footage requirements for dwelling units;
172+ (1) survey and document a representative sampling of State and local codes, 15
173+laws, ordinances, and policies regarding the development and operation of accessory 16
174+dwelling units in areas zoned for single–family residential use, including those codes, laws, 17
175+ordinances, and policies that address residential growth in these areas; 18
181176
182- (v) the connection of accessory dwelling units to utilities; and
177+ (2) study available best practices for streamlining or standardizing the 19
178+application process for permits necessary to build or operate an accessory dwelling unit; and 20
183179
184- (vi) off–street parking requirements; and
180+ (i) establish limits on the maximum square footage of an accessory 21
181+dwelling unit, relative to the square footage of the primary dwelling unit; 22
185182
186- (3) make legislative or other policy recommendations, including a list of
187-best practices for local governments in the State, that holistically address: promote and
188-encourage the creation and operation of accessory dwelling units on land zoned for
189-single–family residential use includes impacts on local housing markets, neighborhood
190-livability, and other policies and projects related to accessory dwelling units
183+ (ii) streamline or standardize the application process for permits 23
184+necessary to build or operate an accessory dwelling unit; 24
191185
192- (i) the practical issues associated with the development of accessory
193-dwelling units on owner–occupied land zoned for single–family residential use; and WES MOORE, Governor Ch. 799
186+ (iii) reduce or eliminate development impact fees, building excise 25
187+taxes, or utility connection fees for accessory dwelling units under a certain square footage; 26
188+and 27
194189
195-– 5 –
190+ (iv) authorize the developer of an accessory dwelling unit to utilize 28
191+existing utility connections between the primary dwelling unit and a water or sewer main, 29
192+provided the existing connection is deemed sufficient to support the addition of the 30
193+accessory dwelling unit; 31
196194
197- (ii) the impacts on local housing markets, neighborhood livability,
198-and other policies and projects related to accessory dwelling units.
195+ (2) review existing laws and policies associated with the development of 32
196+accessory dwelling units throughout the State, including laws and policies concerning: 33 SENATE BILL 382 5
199197
200- (h) (1) On or before December 31 November 1, 2023, the Task Force shall
201-report its activities undertaken during 2023 to the Governor and, in accordance with §
202-2–1257 of the State Government Article, the General Assembly.
203198
204- (2) On or before December June 1, 2024, the Task Force shall report its
205-findings and recommendations to the Governor and, in accordance with § 2–1257 of the
206-State Government Article, the General Assembly.
207199
208- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
209-1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June
210-30, 2025, this Act, with no further action required by the General Assembly, shall be
211-abrogated and of no further force and effect.
200+ (i) the management or limitation of residential growth in areas 1
201+zoned for single–family residential use; 2
212202
213-Enacted under Article II, § 17(c) of the Maryland Constitution, May 28, 2023.
203+ (ii) minimum lot sizes for the development of new dwelling units; 3
204+
205+ (iii) setback requirements from the side and rear lot lines for a 4
206+dwelling unit or accessory structure; 5
207+
208+ (iv) minimum square footage requirements for dwelling units; 6
209+
210+ (v) the connection of accessory dwelling units to utilities; and 7
211+
212+ (vi) off–street parking requirements; and 8
213+
214+ (3) make legislative or other policy recommendations, including a list of 9
215+best practices for local governments in the State, that holistically address: promote and 10
216+encourage the creation and operation of accessory dwelling units on land zoned for 11
217+single–family residential use includes impacts on local housing markets, neighborhood 12
218+livability, and other policies and projects related to accessory dwelling units 13
219+
220+ (i) the practical issues associated with the development of accessory 14
221+dwelling units on owner–occupied land zoned for single–family residential use; and 15
222+
223+ (ii) the impacts on local housing markets, neighborhood livability, 16
224+and other policies and projects related to accessory dwelling units. 17
225+
226+ (h) (1) On or before December 31 November 1, 2023, the Task Force shall 18
227+report its activities undertaken during 2023 to the Governor and, in accordance with § 19
228+2–1257 of the State Government Article, the General Assembly. 20
229+
230+ (2) On or before December June 1, 2024, the Task Force shall report its 21
231+findings and recommendations to the Governor and, in accordance with § 2–1257 of the 22
232+State Government Article, the General Assembly. 23
233+
234+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 24
235+1, 2023. It shall remain effective for a period of 2 years and 1 month and, at the end of June 25
236+30, 2025, this Act, with no further action required by the General Assembly, shall be 26
237+abrogated and of no further force and effect. 27
238+
239+
240+