| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *hb0080* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 80 | |
| 11 | 8 | R2, Q8 5lr0208 | |
| 12 | 9 | (PRE–FILED) CF SB 190 | |
| 13 | 10 | By: Chair, Environment and Transportation Committee (By Request – | |
| 14 | 11 | Departmental – Transportation) | |
| 15 | 12 | Requested: October 9, 2024 | |
| 16 | 13 | Introduced and read first time: January 8, 2025 | |
| 17 | 14 | Assigned to: Environment and Transportation | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: March 6, 2025 | |
| 21 | 15 | ||
| 22 | - | ||
| 16 | + | A BILL ENTITLED | |
| 23 | 17 | ||
| 24 | 18 | AN ACT concerning 1 | |
| 25 | 19 | ||
| 26 | 20 | Land Use – Transit–Oriented Development – Alterations 2 | |
| 27 | 21 | ||
| 28 | 22 | FOR the purpose of altering the authority of local legislative bodies to regulate land use 3 | |
| 29 | 23 | planning on certain land that is located within a certain radius of, or, under certain 4 | |
| 30 | - | circumstances, adjacent contiguous to, certain transit stations; exempting certain 5 | |
| 31 | - | special taxes for the benefit of transit–oriented development from any county tax 6 | |
| 32 | - | limitation or bond cap; exempting transit–oriented development from certain 7 | |
| 33 | - | provisions of State procurement law, subject to certain exceptions; authorizing the 8 | |
| 34 | - | deposit of certain bond proceeds into the Transit–Oriented Development Capital 9 | |
| 35 | - | Grant and Revolving Loan Fund; repealing a certain geographical limitation on the 10 | |
| 36 | - | use of certain money in the Transit–Oriented Development Capital Grant and 11 | |
| 37 | - | Revolving Loan Fund; altering the authorized uses of the Transit –Oriented 12 | |
| 38 | - | Development Capital Grant and Revolving Loan Fund to include certain planning 13 | |
| 39 | - | and financing costs; authorizing the Maryland Department of Transportation to 14 | |
| 40 | - | establish transit–oriented development (TOD) corridor funds financed by revenue 15 | |
| 41 | - | from county special taxing districts to benefit transit–oriented development adding 16 | |
| 42 | - | the use of project labor agreements as a scoring preference for projects financed by 17 | |
| 43 | - | the Transit–Oriented Development Capital Grant and Revolving Loan Fund; and 18 | |
| 44 | - | generally relating to transit–oriented development. 19 | |
| 24 | + | circumstances, adjacent to, certain transit stations; exempting certain special taxes 5 | |
| 25 | + | for the benefit of transit–oriented development from any county tax limitation or 6 | |
| 26 | + | bond cap; exempting transit–oriented development from certain provisions of State 7 | |
| 27 | + | procurement law; authorizing the deposit of certain bond proceeds into the 8 | |
| 28 | + | Transit–Oriented Development Capital Grant and Revolving Loan Fund; repealing 9 | |
| 29 | + | a certain geographical limitation on the use of certain money in the Transit–Oriented 10 | |
| 30 | + | Development Capital Grant and Revolving Loan Fund; altering the authorized uses 11 | |
| 31 | + | of the Transit–Oriented Development Capital Grant and Revolving Loan Fund to 12 | |
| 32 | + | include certain planning and financing costs; authorizing the Maryland Department 13 | |
| 33 | + | of Transportation to establish transit–oriented development (TOD) corridor funds 14 | |
| 34 | + | financed by revenue from county special taxing districts to benefit transit–oriented 15 | |
| 35 | + | development; and generally relating to transit–oriented development. 16 | |
| 45 | 36 | ||
| 46 | - | BY repealing and reenacting, without amendments, 20 | |
| 47 | - | Article – Land Use 21 | |
| 48 | - | Section 1–101(a) and (g) and 7–501(a) and (i) 22 2 HOUSE BILL 80 | |
| 37 | + | BY repealing and reenacting, without amendments, 17 | |
| 38 | + | Article – Land Use 18 | |
| 39 | + | Section 1–101(a) and (g) 19 | |
| 40 | + | Annotated Code of Maryland 20 | |
| 41 | + | (2012 Volume and 2024 Supplement) 21 | |
| 42 | + | ||
| 43 | + | BY repealing and reenacting, with amendments, 22 | |
| 44 | + | Article – Land Use 23 | |
| 45 | + | Section 4–104 24 | |
| 46 | + | Annotated Code of Maryland 25 | |
| 47 | + | (2012 Volume and 2024 Supplement) 26 | |
| 48 | + | 2 HOUSE BILL 80 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | Annotated Code of Maryland 1 | |
| 52 | - | (2012 Volume and 2024 Supplement) 2 | |
| 51 | + | BY repealing and reenacting, without amendments, 1 | |
| 52 | + | Article – Local Government 2 | |
| 53 | + | Section 21–508(a)(4) and (5) 3 | |
| 54 | + | Annotated Code of Maryland 4 | |
| 55 | + | (2013 Volume and 2024 Supplement) 5 | |
| 53 | 56 | ||
| 54 | - | BY repealing and reenacting, with amendments, | |
| 55 | - | Article – | |
| 56 | - | ||
| 57 | - | Annotated Code of Maryland | |
| 58 | - | ( | |
| 57 | + | BY repealing and reenacting, with amendments, 6 | |
| 58 | + | Article – Local Government 7 | |
| 59 | + | Section 21–508(c) 8 | |
| 60 | + | Annotated Code of Maryland 9 | |
| 61 | + | (2013 Volume and 2024 Supplement) 10 | |
| 59 | 62 | ||
| 60 | - | BY | |
| 61 | - | Article – | |
| 62 | - | Section | |
| 63 | - | Annotated Code of Maryland | |
| 64 | - | ( | |
| 63 | + | BY adding to 11 | |
| 64 | + | Article – State Finance and Procurement 12 | |
| 65 | + | Section 11–203(l) 13 | |
| 66 | + | Annotated Code of Maryland 14 | |
| 67 | + | (2021 Replacement Volume and 2024 Supplement) 15 | |
| 65 | 68 | ||
| 66 | - | BY repealing and reenacting, with amendments, 13 | |
| 67 | - | Article – Local Government 14 | |
| 68 | - | Section 21–508(c) 15 | |
| 69 | - | Annotated Code of Maryland 16 | |
| 70 | - | (2013 Volume and 2024 Supplement) 17 | |
| 69 | + | BY repealing and reenacting, without amendments, 16 | |
| 70 | + | Article – Transportation 17 | |
| 71 | + | Section 7–101(a) and (p) 18 | |
| 72 | + | Annotated Code of Maryland 19 | |
| 73 | + | (2020 Replacement Volume and 2024 Supplement) 20 | |
| 74 | + | (As enacted by Chapter 512 of the Acts of the General Assembly of 2023) 21 | |
| 71 | 75 | ||
| 72 | - | BY | |
| 73 | - | Article – | |
| 74 | - | Section | |
| 75 | - | Annotated Code of Maryland | |
| 76 | - | ( | |
| 76 | + | BY repealing and reenacting, without amendments, 22 | |
| 77 | + | Article – Transportation 23 | |
| 78 | + | Section 7–1201(a) and (c) 24 | |
| 79 | + | Annotated Code of Maryland 25 | |
| 80 | + | (2020 Replacement Volume and 2024 Supplement) 26 | |
| 77 | 81 | ||
| 78 | - | BY repealing and reenacting, without amendments, 23 | |
| 79 | - | Article – Transportation 24 | |
| 80 | - | Section 7–101(a) and (p) 25 | |
| 81 | - | Annotated Code of Maryland 26 | |
| 82 | - | (2020 Replacement Volume and 2024 Supplement) 27 | |
| 83 | - | (As enacted by Chapter 512 of the Acts of the General Assembly of 2023) 28 | |
| 82 | + | BY repealing and reenacting, with amendments, 27 | |
| 83 | + | Article – Transportation 28 | |
| 84 | + | Section 7–1203(c) and 7–1204(a) 29 | |
| 85 | + | Annotated Code of Maryland 30 | |
| 86 | + | (2020 Replacement Volume and 2024 Supplement) 31 | |
| 84 | 87 | ||
| 85 | - | BY repealing and reenacting, without amendments, 29 | |
| 86 | - | Article – Transportation 30 | |
| 87 | - | Section 7–1201(a) and (c) 31 | |
| 88 | - | Annotated Code of Maryland 32 | |
| 89 | - | (2020 Replacement Volume and 2024 Supplement) 33 | |
| 88 | + | BY adding to 32 | |
| 89 | + | Article – Transportation 33 | |
| 90 | + | Section 7–1301 and 7–1302 to be under the new subtitle “Subtitle 13. TOD Corridor 34 | |
| 91 | + | Funds” 35 | |
| 92 | + | Annotated Code of Maryland 36 | |
| 93 | + | (2020 Replacement Volume and 2024 Supplement) 37 | |
| 90 | 94 | ||
| 91 | - | BY repealing and reenacting, with amendments, 34 | |
| 92 | - | Article – Transportation 35 | |
| 93 | - | Section 7–1203(c) and 7–1204(a) 7–1204(b)(2) 36 | |
| 94 | - | Annotated Code of Maryland 37 | |
| 95 | - | (2020 Replacement Volume and 2024 Supplement) 38 | |
| 96 | - | ||
| 97 | - | BY adding to 39 HOUSE BILL 80 3 | |
| 95 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 38 | |
| 96 | + | That the Laws of Maryland read as follows: 39 | |
| 97 | + | HOUSE BILL 80 3 | |
| 98 | 98 | ||
| 99 | 99 | ||
| 100 | - | Article – Transportation 1 | |
| 101 | - | Section 7–1301 and 7–1302 to be under the new subtitle “Subtitle 13. TOD Corridor 2 | |
| 102 | - | Funds” 3 | |
| 103 | - | Annotated Code of Maryland 4 | |
| 104 | - | (2020 Replacement Volume and 2024 Supplement) 5 | |
| 100 | + | Article – Land Use 1 | |
| 105 | 101 | ||
| 106 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6 | |
| 107 | - | That the Laws of Maryland read as follows: 7 | |
| 102 | + | 1–101. 2 | |
| 108 | 103 | ||
| 109 | - | ||
| 104 | + | (a) In this division the following words have the meanings indicated. 3 | |
| 110 | 105 | ||
| 111 | - | 1 | |
| 106 | + | (g) (1) “Legislative body” means the elected body of a local jurisdiction. 4 | |
| 112 | 107 | ||
| 113 | - | ( | |
| 108 | + | (2) “Legislative body” includes: 5 | |
| 114 | 109 | ||
| 115 | - | ( | |
| 110 | + | (i) the board of county commissioners; 6 | |
| 116 | 111 | ||
| 117 | - | ( | |
| 112 | + | (ii) the county council; and 7 | |
| 118 | 113 | ||
| 119 | - | ( | |
| 114 | + | (iii) the governing body of a municipal corporation. 8 | |
| 120 | 115 | ||
| 121 | - | ||
| 116 | + | 4–104. 9 | |
| 122 | 117 | ||
| 123 | - | (iii) the governing body of a municipal corporation. 15 | |
| 118 | + | (a) In this section, “modular dwelling” means a building assembly or system of 10 | |
| 119 | + | building subassemblies designed for habitation as a dwelling for one or more individuals: 11 | |
| 124 | 120 | ||
| 125 | - | 1–401. 16 | |
| 121 | + | (1) that includes the necessary electrical, plumbing, heating, ventilating, 12 | |
| 122 | + | and other service systems; 13 | |
| 126 | 123 | ||
| 127 | - | (b) The following provisions of this division apply to a charter county: 17 | |
| 124 | + | (2) that is made or assembled by a manufacturer on or off the building site 14 | |
| 125 | + | for installation, or assembly and installation, on the building site; and 15 | |
| 128 | 126 | ||
| 129 | - | ( | |
| 130 | - | ||
| 127 | + | (3) installed and set up according to the manufacturer’s instructions on an 16 | |
| 128 | + | approved foundation and support system. 17 | |
| 131 | 129 | ||
| 132 | - | (2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, 20 | |
| 133 | - | and “Sensitive area”); 21 | |
| 130 | + | (b) The powers granted to a local jurisdiction under this subtitle do not: 18 | |
| 134 | 131 | ||
| 135 | - | (3) § 1–201 (Visions); 22 | |
| 132 | + | (1) grant the local jurisdiction powers in any substantive area not 19 | |
| 133 | + | otherwise granted to the local jurisdiction by any other public general or public local law; 20 | |
| 136 | 134 | ||
| 137 | - | (4) § 1–206 (Required education); 23 | |
| 135 | + | (2) restrict the local jurisdiction from exercising any power granted to the 21 | |
| 136 | + | local jurisdiction by any other public general or public local law or otherwise; 22 | |
| 138 | 137 | ||
| 139 | - | (5) § 1–207 (Annual report – In general); 24 | |
| 138 | + | (3) authorize the local jurisdiction or its officers to engage in any activity 23 | |
| 139 | + | that is beyond their power under any other public general or public local law or otherwise; 24 | |
| 140 | + | or 25 | |
| 140 | 141 | ||
| 141 | - | (6) § 1–208 (Annual report – Measures and indicators); 25 | |
| 142 | - | ||
| 143 | - | (7) Title 1, Subtitle 3 (Consistency); 26 | |
| 144 | - | ||
| 145 | - | (8) Title 1, Subtitle 5 (Growth Tiers); 27 | |
| 142 | + | (4) preempt or supersede the regulatory authority of any unit of the State 26 | |
| 143 | + | under any public general law. 27 | |
| 146 | 144 | 4 HOUSE BILL 80 | |
| 147 | 145 | ||
| 148 | 146 | ||
| 149 | - | (9) § 4–104(c) (Limitations – [Bicycle parking] PARKING); 1 | |
| 147 | + | (c) (1) (I) If a legislative body regulates off–street parking, the legislative 1 | |
| 148 | + | body shall require space for the parking of bicycles in a manner that the legislative body 2 | |
| 149 | + | considers appropriate. 3 | |
| 150 | 150 | ||
| 151 | - | (10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 2 | |
| 151 | + | [(2)] (II) A legislative body may allow a reduction in the number of 4 | |
| 152 | + | required automobile parking spaces based on the availability of space for parking bicycles. 5 | |
| 152 | 153 | ||
| 153 | - | (11) § 4–104(E) (LIMITATIONS – MIXED–USE DEVELOPMENT ); 3 | |
| 154 | + | (2) A LEGISLATIVE BODY MAY NOT IMPOSE A MINIMUM OFF–STREET 6 | |
| 155 | + | PARKING REQUIREMENT ON A RESIDENTIAL OR MIXED–USE DEVELOPMENT THAT IS 7 | |
| 156 | + | LOCATED WITHIN 0.5 MILES OF A RAIL TRAN SIT STATION. 8 | |
| 154 | 157 | ||
| 155 | - | (12) § 4–104(F) (LIMITATIONS – STATE–OWNED LAND FOR 4 | |
| 156 | - | TRANSPORTATION USE); 5 | |
| 158 | + | (d) A legislative body may not prohibit the placement of a new manufactured 9 | |
| 159 | + | home or modular dwelling in a zone that allows single–family residential uses if the home 10 | |
| 160 | + | or dwelling: 11 | |
| 157 | 161 | ||
| 158 | - | (13) § 4–104(H) (PRIORITY – TRANSIT–ORIENTED DEVELOPMENT ); 6 | |
| 162 | + | (1) (i) meets the definition of modular dwelling under subsection (a) of 12 | |
| 163 | + | this section; or 13 | |
| 159 | 164 | ||
| 160 | - | [(11)] (14) § 4–208 (Exceptions – Maryland Accessibility Code); 7 | |
| 165 | + | (ii) meets the definition of a manufactured home in § 9–102(a) of the 14 | |
| 166 | + | Commercial Law Article and is, or will be after purchase, converted to real property in 15 | |
| 167 | + | accordance with Title 8B, Subtitle 2 of the Real Property Article; or 16 | |
| 161 | 168 | ||
| 162 | - | ||
| 169 | + | (2) is located on land: 17 | |
| 163 | 170 | ||
| 164 | - | [(13)] (16) § 4–211 (Change in zoning classification – Energy generating 9 | |
| 165 | - | systems); 10 | |
| 171 | + | (i) currently or previously owned by the federal government; 18 | |
| 166 | 172 | ||
| 167 | - | ||
| 173 | + | (ii) greater than 80 acres in size; and 19 | |
| 168 | 174 | ||
| 169 | - | ||
| 175 | + | (iii) that was the site of a former U.S. military reservation. 20 | |
| 170 | 176 | ||
| 171 | - | [(16)] (19) § 4–214 (Agricultural alcohol production); 13 | |
| 177 | + | (E) A LEGISLATIVE BODY MAY NOT TAKE AN ACTION T O PRECLUDE 21 | |
| 178 | + | MIXED–USE DEVELOPMENT THAT IS LOCATED WITHIN 0.5 MILES OF A RAIL TRAN SIT 22 | |
| 179 | + | STATION. 23 | |
| 172 | 180 | ||
| 173 | - | [(17)] (20) § 4–215 (Pollinator–friendly vegetation management); 14 | |
| 181 | + | (F) FOR STATE–OWNED LAND IN USE FO R A TRANSPORTATION P URPOSE 24 | |
| 182 | + | ADJACENT TO A TRANSI T STATION, A LEGISLATIVE BODY M AY NOT IMPOSE LOCAL 25 | |
| 183 | + | ZONING RESTRICTIONS IF THE LAND IS SUBJE CT TO A TRANSIT –ORIENTED 26 | |
| 184 | + | DEVELOPMENT PLAN APP ROVED BY THE DEPARTMENT OF TRANSPORTATION . 27 | |
| 174 | 185 | ||
| 175 | - | ||
| 186 | + | Article – Local Government 28 | |
| 176 | 187 | ||
| 177 | - | ||
| 188 | + | 21–508. 29 | |
| 178 | 189 | ||
| 179 | - | [(20)] (23) Title 7, Subtitle 1 (Development Mechanisms); 17 | |
| 180 | - | ||
| 181 | - | [(21)] (24) Title 7, Subtitle 2 (Transfer of Development Rights); 18 | |
| 182 | - | ||
| 183 | - | [(22)] (25) except in Montgomery County or Prince George’s County, Title 19 | |
| 184 | - | 7, Subtitle 3 (Development Rights and Responsibilities Agreements); 20 | |
| 185 | - | ||
| 186 | - | [(23)] (26) Title 7, Subtitle 4 (Inclusionary Zoning); 21 | |
| 187 | - | ||
| 188 | - | [(24)] (27) Title 7, Subtitle 5 (Housing Expansion and Affordability); 22 | |
| 189 | - | ||
| 190 | - | [(25)] (28) § 8–401 (Conversion of overhead facilities); 23 | |
| 191 | - | ||
| 192 | - | [(26)] (29) for Baltimore County only, Title 9, Subtitle 3 (Single–County 24 | |
| 193 | - | Provisions – Baltimore County); 25 HOUSE BILL 80 5 | |
| 190 | + | (a) The governing body of a county may provide for the imposition of an ad 30 | |
| 191 | + | valorem or special tax on all real and personal property in a special taxing district at a rate 31 | |
| 192 | + | or amount designed to provide adequate revenue: 32 HOUSE BILL 80 5 | |
| 194 | 193 | ||
| 195 | 194 | ||
| 196 | 195 | ||
| 197 | - | ||
| 198 | - | ||
| 196 | + | (4) to pay costs of infrastructure improvements located in or supporting a 1 | |
| 197 | + | transit–oriented development or a State hospital redevelopment; 2 | |
| 199 | 198 | ||
| 200 | - | [(28)] (31) for Howard County only, Title 9, Subtitle 13 (Single–County 3 | |
| 201 | - | Provisions – Howard County); 4 | |
| 199 | + | (5) to pay costs of operating and maintaining infrastructure improvements 3 | |
| 200 | + | located in or supporting a transit–oriented development or a State hospital redevelopment; 4 | |
| 201 | + | or 5 | |
| 202 | 202 | ||
| 203 | - | [(29)] (32) for Talbot County only, Title 9, Subtitle 18 (Single–County 5 | |
| 204 | - | Provisions – Talbot County); and 6 | |
| 203 | + | (c) (1) As an alternative to imposing ad valorem taxes under this subtitle, the 6 | |
| 204 | + | governing body of a county may impose special taxes in accordance with this subsection on 7 | |
| 205 | + | property in a special taxing district. 8 | |
| 205 | 206 | ||
| 206 | - | [(30)] (33) Title 11, Subtitle 2 (Civil Penalty). 7 | |
| 207 | + | (2) In determining the basis for and amount of a special tax, the cost of an 9 | |
| 208 | + | improvement may be calculated and imposed: 10 | |
| 207 | 209 | ||
| 208 | - | ||
| 210 | + | (i) equally per front foot, lot, parcel, dwelling unit, or square foot; 11 | |
| 209 | 211 | ||
| 210 | - | (a) In this section, “modular dwelling” means a building assembly or system of 9 | |
| 211 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10 | |
| 212 | - | INDICATED. 11 | |
| 212 | + | (ii) according to the value of the property, with or without regard to 12 | |
| 213 | + | improvements on the property; or 13 | |
| 213 | 214 | ||
| 214 | - | ( | |
| 215 | - | ||
| 215 | + | (iii) in any other reasonable manner that results in a fair allocation 14 | |
| 216 | + | of the cost of the infrastructure improvements. 15 | |
| 216 | 217 | ||
| 217 | - | (3) “MODULAR DWELLING ” MEANS A BUILDING ASS EMBLY OR 14 | |
| 218 | - | SYSTEM OF building subassemblies designed for habitation as a dwelling for one or more 15 | |
| 219 | - | individuals: 16 | |
| 218 | + | (3) The governing body of a county may enact an ordinance or a resolution 16 | |
| 219 | + | for: 17 | |
| 220 | 220 | ||
| 221 | - | ||
| 222 | - | ||
| 221 | + | (i) the maximum amount of a special tax to be imposed on any 18 | |
| 222 | + | parcel; 19 | |
| 223 | 223 | ||
| 224 | - | ||
| 225 | - | ||
| 224 | + | (ii) the tax year or other date after which further special taxes under 20 | |
| 225 | + | this subtitle may not be imposed on a parcel; and 21 | |
| 226 | 226 | ||
| 227 | - | (3) (III) installed and set up according to the manufacturer’s instructions 21 | |
| 228 | - | on an approved foundation and support system. 22 | |
| 227 | + | (iii) whether, and the circumstances under which, a special tax on a 22 | |
| 228 | + | parcel may be increased because of delinquency or default by the owner of that parcel or by 23 | |
| 229 | + | the owner of any other parcel. 24 | |
| 229 | 230 | ||
| 230 | - | (b) The powers granted to a local jurisdiction under this subtitle do not: 23 | |
| 231 | + | (4) By ordinance or resolution, the governing body of a county may 25 | |
| 232 | + | establish procedures allowing for the prepayment of special taxes under this subtitle. 26 | |
| 231 | 233 | ||
| 232 | - | (1) grant the local jurisdiction powers in any substantive area not 24 | |
| 233 | - | otherwise granted to the local jurisdiction by any other public general or public local law; 25 | |
| 234 | + | (5) A special tax imposed under this subtitle shall: 27 | |
| 234 | 235 | ||
| 235 | - | ( | |
| 236 | - | ||
| 236 | + | (i) unless otherwise provided in an ordinance or a resolution, be 28 | |
| 237 | + | collected and secured in the same manner as general ad valorem taxes; [and] 29 | |
| 237 | 238 | ||
| 238 | - | (3) authorize the local jurisdiction or its officers to engage in any activity 28 | |
| 239 | - | that is beyond their power under any other public general or public local law or otherwise; 29 | |
| 240 | - | or 30 | |
| 239 | + | (ii) in the case of delinquency, be subject to the same penalties, 30 | |
| 240 | + | procedure, sale, and lien priority as general ad valorem taxes; AND 31 | |
| 241 | 241 | 6 HOUSE BILL 80 | |
| 242 | 242 | ||
| 243 | 243 | ||
| 244 | - | (4) preempt or supersede the regulatory authority of any unit of the State 1 | |
| 245 | - | under any public general law. 2 | |
| 244 | + | (III) FOR A SPECIAL TAX IM POSED FOR THE BENEFI T OF 1 | |
| 245 | + | TRANSIT–ORIENTED DEVELOPMENT , BE EXEMPT FROM ANY C OUNTY TAX 2 | |
| 246 | + | LIMITATION OR BOND C AP. 3 | |
| 246 | 247 | ||
| 247 | - | (c) (1) (I) If a legislative body regulates off–street parking, the legislative 3 | |
| 248 | - | body shall require space for the parking of bicycles in a manner that the legislative body 4 | |
| 249 | - | considers appropriate. 5 | |
| 248 | + | (6) THE REVENUES GENERATE D BY A SPECIAL TAX IMPOSED FOR THE 4 | |
| 249 | + | BENEFIT OF TRANSIT –ORIENTED DEVELOPMENT BY A COUNTY UNDER PA RAGRAPH 5 | |
| 250 | + | (4) OR (5) OF THIS SUBSECTION M AY BE DISTRIBUTED TO A TOD CORRIDOR FUND 6 | |
| 251 | + | ESTABLISHED UNDER § 7–1302 OF THE TRANSPORTATION ARTICLE. 7 | |
| 250 | 252 | ||
| 251 | - | [(2)] (II) A legislative body may allow a reduction in the number of 6 | |
| 252 | - | required automobile parking spaces based on the availability of space for parking bicycles. 7 | |
| 253 | + | Article – State Finance and Procurement 8 | |
| 253 | 254 | ||
| 254 | - | (2) A LEGISLATIVE BODY OR OTHER LOCAL AGENC Y WITH LAND USE 8 | |
| 255 | - | AUTHORITY MAY NOT IMPOSE A MIN IMUM OFF–STREET PARKING REQUI REMENT ON 9 | |
| 256 | - | A RESIDENTIAL OR MIXED –USE DEVELOPMENT THAT IS LOCATED WITHIN 0.5 0.25 10 | |
| 257 | - | MILES OF A RAIL TRAN SIT STATION THAT RECEIVES AT LEA ST HOURLY SERVICE ON 11 | |
| 258 | - | AVERAGE FROM 8:00 A.M. UNTIL 6:00 P.M. MONDAY THROUGH FRIDAY. 12 | |
| 255 | + | 11–203. 9 | |
| 259 | 256 | ||
| 260 | - | (d) A legislative body may not prohibit the placement of a new manufactured 13 | |
| 261 | - | home or modular dwelling in a zone that allows single–family residential uses if the home 14 | |
| 262 | - | or dwelling: 15 | |
| 257 | + | (L) THIS DIVISION II DOES NOT APPLY TO A TRANSIT–ORIENTED 10 | |
| 258 | + | DEVELOPMENT UNDER TITLE 7 OF THE TRANSPORTATION ARTICLE. 11 | |
| 263 | 259 | ||
| 264 | - | (1) (i) meets the definition of modular dwelling under subsection (a) of 16 | |
| 265 | - | this section; or 17 | |
| 260 | + | Article – Transportation 12 | |
| 266 | 261 | ||
| 267 | - | (ii) meets the definition of a manufactured home in § 9–102(a) of the 18 | |
| 268 | - | Commercial Law Article and is, or will be after purchase, converted to real property in 19 | |
| 269 | - | accordance with Title 8B, Subtitle 2 of the Real Property Article; or 20 | |
| 262 | + | 7–101. 13 | |
| 270 | 263 | ||
| 271 | - | ( | |
| 264 | + | (a) In this title the following words have the meanings indicated. 14 | |
| 272 | 265 | ||
| 273 | - | (i) currently or previously owned by the federal government; 22 | |
| 266 | + | (p) “Transit–oriented development” means a mix of private or public parking 15 | |
| 267 | + | facilities, commercial and residential structures, and uses, improvements, and facilities 16 | |
| 268 | + | customarily appurtenant to such facilities and uses, that: 17 | |
| 274 | 269 | ||
| 275 | - | ( | |
| 270 | + | (1) Is part of a deliberate development plan or strategy involving: 18 | |
| 276 | 271 | ||
| 277 | - | (iii) that was the site of a former U.S. military reservation. 24 | |
| 272 | + | (i) Property that is adjacent to the passenger boarding and alighting 19 | |
| 273 | + | location of a planned or existing transit station; 20 | |
| 278 | 274 | ||
| 279 | - | (E) A LEGISLATIVE BODY MAY NOT TAKE AN ACTION T O PRECLUDE 25 | |
| 280 | - | MIXED–USE DEVELOPMENT THAT IS LOCATED WITHIN 0.5 MILES OF A RAIL TRANSIT 26 | |
| 281 | - | STATION A LOCAL JURISDICTION ’S ZONING REGULATIONS SHALL ALLOW 27 | |
| 282 | - | MIXED–USE DEVELOPMENT ON L AND DESIGNATED FOR R ESIDENTIAL USE OR 28 | |
| 283 | - | APPROPRIATE COMMERCI AL USE FOR MIXED –USE DEVELOPMENT WITH IN 0.5 MILES 29 | |
| 284 | - | OF A RAIL TRANSIT ST ATION THAT RECEIVES AT LEAST HO URLY SERVICE ON 30 | |
| 285 | - | AVERAGE FROM 8:00 A.M. UNTIL 6:00 P.M. MONDAY THROUGH FRIDAY. 31 | |
| 275 | + | (ii) Property, any part of which is located within one–half mile of the 21 | |
| 276 | + | passenger boarding and alighting location of a planned or existing transit station; or 22 | |
| 286 | 277 | ||
| 287 | - | (F) FOR STATE–OWNED LAND IN USE FO R A TRANSPORTATION P URPOSE 32 | |
| 288 | - | ADJACENT CONTIGUOUS TO A RAIL TRANSIT STATION THAT RECEIVES AT LEA ST 33 | |
| 289 | - | HOURLY SERVICE ON AV ERAGE FROM 8:00 A.M. UNTIL 6:00 P.M. MONDAY THROUGH 34 HOUSE BILL 80 7 | |
| 278 | + | (iii) Property that is adjacent to a planned or existing transit corridor; 23 | |
| 279 | + | ||
| 280 | + | (2) Is planned to maximize the use of transit, walking, and bicycling by 24 | |
| 281 | + | residents and employees; and 25 | |
| 282 | + | ||
| 283 | + | (3) Is designated as a transit–oriented development by: 26 | |
| 284 | + | ||
| 285 | + | (i) The Smart Growth Subcabinet established under § 9–1406 of the 27 | |
| 286 | + | State Government Article; and 28 | |
| 287 | + | ||
| 288 | + | (ii) The local government or multicounty agency with land use and 29 | |
| 289 | + | planning responsibility for the relevant area applying for designation. 30 HOUSE BILL 80 7 | |
| 290 | 290 | ||
| 291 | 291 | ||
| 292 | - | FRIDAY, A LEGISLATIVE BODY OR OTHER LOCAL AGENCY WITH LAND USE 1 | |
| 293 | - | AUTHORITY MAY NOT IMPOSE LOCAL ZONING RESTRICTIONS IF THE LAND IS 2 | |
| 294 | - | SUBJECT TO A TRANSIT –ORIENTED DEVELOPMENT PLAN APP ROVED BY THE 3 | |
| 295 | - | DEPARTMENT OF TRANSPORTATION LIMITATIONS OR RESTR ICTIONS ON LAND USE 4 | |
| 296 | - | CLASSIFICATION , HEIGHT, OR SETBACK, OR ANY SIMILAR REQUI REMENTS IF THE 5 | |
| 297 | - | LAND IS SUBJECT TO A TRANSIT–ORIENTED DEVELOPMENT PLAN APPROVED BY THE 6 | |
| 298 | - | DEPARTMENT OF TRANSPORTATION AND DE VELOPED IN COORDINAT ION WITH THE 7 | |
| 299 | - | LOCAL JURISDICTION . 8 | |
| 300 | 292 | ||
| 301 | - | (G) SUBSECTIONS (E) AND (F) OF THIS SECTION MAY NOT BE CONSTRUED TO 9 | |
| 302 | - | ALTER THE LAND USE A UTHORITY OF A LOCAL JURISDICTION GOVERNI NG: 10 | |
| 293 | + | 7–1201. 1 | |
| 303 | 294 | ||
| 304 | - | ( | |
| 295 | + | (a) In this subtitle the following words have the meanings indicated. 2 | |
| 305 | 296 | ||
| 306 | - | (2) PUBLIC HEALTH AND SA FETY CONSIDERATIONS ; OR 12 | |
| 297 | + | (c) “Fund” means the Transit–Oriented Development Capital Grant and 3 | |
| 298 | + | Revolving Loan Fund. 4 | |
| 307 | 299 | ||
| 308 | - | ||
| 300 | + | 7–1203. 5 | |
| 309 | 301 | ||
| 310 | - | (H) (1) A LEGISLATIVE BODY OR OTHER LOCAL AGENCY W ITH LAND USE 14 | |
| 311 | - | AUTHORITY SHALL PRIO RITIZE THE PROCESSIN G AND APPROVAL OF AN Y SITE PLAN 15 | |
| 312 | - | OR PERMIT FOR A DESI GNATED TRANSIT –ORIENTED DEVELOPMENT AS DESCR IBED 16 | |
| 313 | - | IN TITLE 7, SUBTITLE 1 OF THE TRANSPORTATION ARTICLE. 17 | |
| 302 | + | (c) (1) The Fund consists of: 6 | |
| 314 | 303 | ||
| 315 | - | (2) (I) EXCEPT AS OTHERWISE R EQUIRED BY STATE LAW, A LOCAL 18 | |
| 316 | - | GOVERNMENT MAY NOT R EQUIRE THAT A PROJEC T UNDER SUBSECTION (E) OR (F) 19 | |
| 317 | - | OF THIS SECTION BE R EVIEWED AT MORE THAN TWO PUBLIC HEARINGS BEFO RE 20 | |
| 318 | - | EACH OF THE FOLLOWIN G: 21 | |
| 304 | + | (i) Money appropriated in the State budget to the Fund; 7 | |
| 319 | 305 | ||
| 320 | - | 1. THE LOCAL GOVERNING BODY; AND 22 | |
| 306 | + | (ii) Money made available for qualifying uses by the Fund from other 8 | |
| 307 | + | governmental sources, including eligible federal funding and the Transportation Trust 9 | |
| 308 | + | Fund; 10 | |
| 321 | 309 | ||
| 322 | - | 2. THE PLANNING COMMISS ION. 23 | |
| 310 | + | (iii) Ground rents or land sale proceeds in accordance with § 11 | |
| 311 | + | 10–306(c)(2) of the State Finance and Procurement Article; 12 | |
| 323 | 312 | ||
| 324 | - | (II) EXCEPT AS OTHERWISE R EQUIRED BY STATE LAW, A LOCAL 24 | |
| 325 | - | GOVERNMENT MAY NOT R EQUIRE THAT A PROJEC T UNDER SUBSECTION (E) OR (F) 25 | |
| 326 | - | OF THIS SECTION BE REVIEWED A T MORE THAN ONE PUBL IC HEARING BEFORE EA CH 26 | |
| 327 | - | OF THE FOLLOWING : 27 | |
| 313 | + | (iv) Payments of principal of and interest on loans made under this 13 | |
| 314 | + | title; 14 | |
| 328 | 315 | ||
| 329 | - | 1. A HISTORIC DISTRICT COMMISSION OR HISTOR IC 28 | |
| 330 | - | PRESERVATION COMMISS ION; AND 29 | |
| 316 | + | (v) Investment earnings of the Fund; [and] 15 | |
| 331 | 317 | ||
| 332 | - | 2. THE BOARD OF APPEALS . 30 | |
| 318 | + | (vi) PROCEEDS FROM BONDS I SSUED BY THE DEPARTMENT 16 | |
| 319 | + | UNDER THIS TITLE ; AND 17 | |
| 333 | 320 | ||
| 334 | - | 7–501. 31 | |
| 321 | + | (VII) Any other money from any other source, public or private, 18 | |
| 322 | + | accepted for the benefit of the Fund. 19 | |
| 323 | + | ||
| 324 | + | (2) Contributions to the Fund under paragraph (1)(iii) of this subsection 20 | |
| 325 | + | shall[: 21 | |
| 326 | + | ||
| 327 | + | (i) Be] BE separately accounted for in the Fund[; and 22 | |
| 328 | + | ||
| 329 | + | (ii) Be used only for the benefit of transit–oriented developments in 23 | |
| 330 | + | the same county where the real property subject to the ground rent or land sale is located]. 24 | |
| 331 | + | ||
| 332 | + | 7–1204. 25 | |
| 333 | + | ||
| 334 | + | (a) (1) The Fund may be used by the Department to provide financial 26 | |
| 335 | + | assistance to local jurisdictions for: 27 | |
| 335 | 336 | 8 HOUSE BILL 80 | |
| 336 | 337 | ||
| 337 | 338 | ||
| 338 | - | (a) In this subtitle the following words have the meanings indicated. 1 | |
| 339 | + | (i) PLANNING EFFORTS FOR A SITE ADJACENT TO T RANSIT 1 | |
| 340 | + | THAT IS NOT DESIGNATED AS A TRAN SIT–ORIENTED DEVELOPMENT TO PREPARE 2 | |
| 341 | + | THAT SITE FOR SUCH D ESIGNATION; 3 | |
| 339 | 342 | ||
| 340 | - | (i) (1) “Mixed–use” means any combination of a residential use with a 2 | |
| 341 | - | recreational, office, dining, or retail use. 3 | |
| 343 | + | (II) Design plans for a transit–oriented development, provided that 4 | |
| 344 | + | the transit–oriented development will be designed to meet equity goals established by the 5 | |
| 345 | + | Department; 6 | |
| 342 | 346 | ||
| 343 | - | ( | |
| 344 | - | ||
| 347 | + | [(ii)] (III) Public infrastructure improvements within a 7 | |
| 348 | + | transit–oriented development; or 8 | |
| 345 | 349 | ||
| 346 | - | 10–103. 6 | |
| 350 | + | [(iii)] (IV) Gap funding AND FINANCING for COSTS ASSOCIATED 9 | |
| 351 | + | WITH public or private development within a transit–oriented development. 10 | |
| 347 | 352 | ||
| 348 | - | (b) The following provisions of this division apply to Baltimore City: 7 | |
| 353 | + | (2) A private entity, including a nonprofit entity, participating in the 11 | |
| 354 | + | development of a transit–oriented development may partner with a local jurisdiction to 12 | |
| 355 | + | submit an application for financial assistance under paragraph [(1)(iii)] (1)(IV) of this 13 | |
| 356 | + | subsection. 14 | |
| 349 | 357 | ||
| 350 | - | ||
| 358 | + | SUBTITLE 13. TOD CORRIDOR FUNDS. 15 | |
| 351 | 359 | ||
| 352 | - | ||
| 360 | + | 7–1301. 16 | |
| 353 | 361 | ||
| 354 | - | (3) § 1–101(o) (Definitions – “Sensitive area”); 10 | |
| 362 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 17 | |
| 363 | + | INDICATED. 18 | |
| 355 | 364 | ||
| 356 | - | (4) § 1–201 (Visions); 11 | |
| 365 | + | (B) “COUNTY SPECIAL TAXING DISTRICT” MEANS A TAXING DISTR ICT 19 | |
| 366 | + | ESTABLISHED BY THE G OVERNING BODY OF A C OUNTY UNDER TITLE 21, SUBTITLE 20 | |
| 367 | + | 5 OF THE LOCAL GOVERNMENT ARTICLE. 21 | |
| 357 | 368 | ||
| 358 | - | (5) § 1–206 (Required education); 12 | |
| 369 | + | (C) “TOD CORRIDOR FUND ” MEANS A FUND ESTABLI SHED AND 22 | |
| 370 | + | ADMINISTERED BY THE DEPARTMENT TO SUP PORT TRANSIT –ORIENTED 23 | |
| 371 | + | DEVELOPMENT ADJACENT TO A PLANNED OR EXIS TING TRANSIT CORRIDO R. 24 | |
| 359 | 372 | ||
| 360 | - | ||
| 373 | + | 7–1302. 25 | |
| 361 | 374 | ||
| 362 | - | (7) § 1–208 (Annual report – Measures and indicators); 14 | |
| 375 | + | (A) THE DEPARTMENT MAY ESTABL ISH TOD CORRIDOR FUNDS TO 26 | |
| 376 | + | COLLECT REVENUES FRO M COUNTY SPECIAL TAX ING DISTRICTS ESTABL ISHED TO 27 | |
| 377 | + | BENEFIT TRANSIT –ORIENTED DEVELOPMEN T. 28 | |
| 363 | 378 | ||
| 364 | - | (8) Title 1, Subtitle 3 (Consistency); 15 | |
| 365 | - | ||
| 366 | - | (9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – 16 | |
| 367 | - | Comprehensive Plans; Implementation); 17 | |
| 368 | - | ||
| 369 | - | (10) § 4–104(c) (Limitations – [Bicycle parking] PARKING); 18 | |
| 370 | - | ||
| 371 | - | (11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings); 19 | |
| 372 | - | ||
| 373 | - | (12) § 4–104(E) (LIMITATIONS – MIXED–USE DEVELOPMENT ); 20 | |
| 374 | - | ||
| 375 | - | (13) § 4–104(F) (LIMITATIONS – STATE–OWNED LAND FOR 21 | |
| 376 | - | TRANSPORTATION USE ); 22 | |
| 377 | - | ||
| 378 | - | (14) § 4–104(H) (PRIORITY – TRANSIT–ORIENTED DEVELOPMENT ); 23 | |
| 379 | - | ||
| 380 | - | [(12)] (15) § 4–205 (Administrative adjustments); 24 | |
| 381 | - | ||
| 382 | - | [(13)] (16) § 4–207 (Exceptions – Maryland Accessibility Code); 25 | |
| 379 | + | (B) A TOD CORRIDOR FUND MAY BE USED WITHIN APPLICAB LE SPECIAL 29 | |
| 380 | + | TAXING DISTRICTS TO : 30 | |
| 383 | 381 | HOUSE BILL 80 9 | |
| 384 | 382 | ||
| 385 | 383 | ||
| 386 | - | [(14)] (17) § 4–210 (Permits and variances – Solar panels); 1 | |
| 384 | + | (1) SUPPORT THE ISSUANCE OF BONDS FOR TRANSIT –ORIENTED 1 | |
| 385 | + | DEVELOPMENT –RELATED ACTIVITIES ; 2 | |
| 387 | 386 | ||
| 388 | - | ||
| 389 | - | ||
| 387 | + | (2) PROVIDE A DEDICATED S OURCE OF REVENUES TO REPAY 3 | |
| 388 | + | FEDERAL LOANS FOR TR ANSIT–ORIENTED DEVELOPMENT ; AND 4 | |
| 390 | 389 | ||
| 391 | - | [(16)] (19) § 4–215 (Pollinator–friendly vegetation management); 4 | |
| 390 | + | (3) SUPPORT OTHER FINANCI NG ACTIVITIES FOR TH E BENEFIT OF 5 | |
| 391 | + | TRANSIT–ORIENTED DEVELOPMENT . 6 | |
| 392 | 392 | ||
| 393 | - | [(17)] (20) § 5–102(d) (Subdivision regulations – Burial sites); 5 | |
| 393 | + | SECTION 2. AND BE IT FURTHER ENACTED, That § 4 –104(e) of the Land Use 7 | |
| 394 | + | Article, as enacted by Section 1 of this Act, shall apply only to land use rezonings or actions 8 | |
| 395 | + | taken by a legislative body on or after the effective date of this Act. 9 | |
| 394 | 396 | ||
| 395 | - | [(18)] (21) Title 7, Subtitle 1 (Development Mechanisms); 6 | |
| 397 | + | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 10 | |
| 398 | + | October 1, 2025. 11 | |
| 396 | 399 | ||
| 397 | - | [(19)] (22) Title 7, Subtitle 2 (Transfer of Development Rights); 7 | |
| 398 | - | ||
| 399 | - | [(20)] (23) Title 7, Subtitle 3 (Development Rights and Responsibilities 8 | |
| 400 | - | Agreements); 9 | |
| 401 | - | ||
| 402 | - | [(21)] (24) Title 7, Subtitle 4 (Inclusionary Zoning); 10 | |
| 403 | - | ||
| 404 | - | [(22)] (25) Title 7, Subtitle 5 (Housing Expansion and Affordability); and 11 | |
| 405 | - | ||
| 406 | - | [(23)] (26) Title 11, Subtitle 2 (Civil Penalty). 12 | |
| 407 | - | ||
| 408 | - | Article – Local Government 13 | |
| 409 | - | ||
| 410 | - | 21–508. 14 | |
| 411 | - | ||
| 412 | - | (a) The governing body of a county may provide for the imposition of an ad 15 | |
| 413 | - | valorem or special tax on all real and personal property in a special taxing district at a rate 16 | |
| 414 | - | or amount designed to provide adequate revenue: 17 | |
| 415 | - | ||
| 416 | - | (4) to pay costs of infrastructure improvements located in or supporting a 18 | |
| 417 | - | transit–oriented development or a State hospital redevelopment; 19 | |
| 418 | - | ||
| 419 | - | (5) to pay costs of operating and maintaining infrastructure improvements 20 | |
| 420 | - | located in or supporting a transit–oriented development or a State hospital redevelopment; 21 | |
| 421 | - | or 22 | |
| 422 | - | ||
| 423 | - | (c) (1) As an alternative to imposing ad valorem taxes under this subtitle, the 23 | |
| 424 | - | governing body of a county may impose special taxes in accordance with this subsection on 24 | |
| 425 | - | property in a special taxing district. 25 | |
| 426 | - | ||
| 427 | - | (2) In determining the basis for and amount of a special tax, the cost of an 26 | |
| 428 | - | improvement may be calculated and imposed: 27 | |
| 429 | - | ||
| 430 | - | (i) equally per front foot, lot, parcel, dwelling unit, or square foot; 28 | |
| 431 | - | 10 HOUSE BILL 80 | |
| 432 | - | ||
| 433 | - | ||
| 434 | - | (ii) according to the value of the property, with or without regard to 1 | |
| 435 | - | improvements on the property; or 2 | |
| 436 | - | ||
| 437 | - | (iii) in any other reasonable manner that results in a fair allocation 3 | |
| 438 | - | of the cost of the infrastructure improvements. 4 | |
| 439 | - | ||
| 440 | - | (3) The governing body of a county may enact an ordinance or a resolution 5 | |
| 441 | - | for: 6 | |
| 442 | - | ||
| 443 | - | (i) the maximum amount of a special tax to be imposed on any 7 | |
| 444 | - | parcel; 8 | |
| 445 | - | ||
| 446 | - | (ii) the tax year or other date after which further special taxes under 9 | |
| 447 | - | this subtitle may not be imposed on a parcel; and 10 | |
| 448 | - | ||
| 449 | - | (iii) whether, and the circumstances under which, a special tax on a 11 | |
| 450 | - | parcel may be increased because of delinquency or default by the owner of that parcel or by 12 | |
| 451 | - | the owner of any other parcel. 13 | |
| 452 | - | ||
| 453 | - | (4) By ordinance or resolution, the governing body of a county may 14 | |
| 454 | - | establish procedures allowing for the prepayment of special taxes under this subtitle. 15 | |
| 455 | - | ||
| 456 | - | (5) A special tax imposed under this subtitle shall: 16 | |
| 457 | - | ||
| 458 | - | (i) unless otherwise provided in an ordinance or a resolution, be 17 | |
| 459 | - | collected and secured in the same manner as general ad valorem taxes; [and] 18 | |
| 460 | - | ||
| 461 | - | (ii) in the case of delinquency, be subject to the same penalties, 19 | |
| 462 | - | procedure, sale, and lien priority as general ad valorem taxes; AND 20 | |
| 463 | - | ||
| 464 | - | (III) FOR A SPECIAL TAX IM POSED FOR THE BENEFI T OF 21 | |
| 465 | - | TRANSIT–ORIENTED DEVELOP MENT, BE EXEMPT FROM ANY C OUNTY TAX 22 | |
| 466 | - | LIMITATION OR BOND C AP. 23 | |
| 467 | - | ||
| 468 | - | (6) THE REVENUES GENERATE D BY A SPECIAL TAX IMPOSED FOR THE 24 | |
| 469 | - | BENEFIT OF TRANSIT –ORIENTED DEVELOPMENT BY A COUNTY UNDER PA RAGRAPH 25 | |
| 470 | - | (4) OR (5) OF THIS SUBSECTION M AY BE DISTRIBUTED TO A TOD CORRIDOR FUND 26 | |
| 471 | - | ESTABLISHED UNDER § 7–1302 OF THE TRANSPORTATION ARTICLE. 27 | |
| 472 | - | ||
| 473 | - | Article – State Finance and Procurement 28 | |
| 474 | - | ||
| 475 | - | 11–203. 29 | |
| 476 | - | ||
| 477 | - | (L) (1) THIS DIVISION II DOES NOT APPLY TO A TRANSIT–ORIENTED 30 | |
| 478 | - | DEVELOPMENT UNDER TITLE 7 OF THE TRANSPORTATION ARTICLE. 31 | |
| 479 | - | HOUSE BILL 80 11 | |
| 480 | - | ||
| 481 | - | ||
| 482 | - | (2) TO THE EXTENT OTHERWISE REQ UIRED BY LAW, THE FOLLOWING 1 | |
| 483 | - | PROVISIONS OF THIS D IVISION APPLY TO A T RANSIT–ORIENTED DEVELOPMENT 2 | |
| 484 | - | UNDER TITLE 7 OF THE TRANSPORTATION ARTICLE: 3 | |
| 485 | - | ||
| 486 | - | (I) § 11–205 OF THIS SUBTITLE (“COLLUSION”); 4 | |
| 487 | - | ||
| 488 | - | (II) § 11–205.1 OF THIS SUBTITLE (“FALSIFICATION, 5 | |
| 489 | - | CONCEALMENT , ETC., OF MATERIAL FACTS ”); 6 | |
| 490 | - | ||
| 491 | - | (III) TITLE 12, SUBTITLE 4 OF THIS ARTICLE (“POLICIES AND 7 | |
| 492 | - | PROCEDURES FOR EXEMPT UNITS”); 8 | |
| 493 | - | ||
| 494 | - | (IV) § 13–219 OF THIS ARTICLE (“REQUIRED CLAUSES – 9 | |
| 495 | - | NONDISCRIMINATION CLA USE”); 10 | |
| 496 | - | ||
| 497 | - | (V) TITLE 14, SUBTITLE 3 OF THIS ARTICLE (“MINORITY 11 | |
| 498 | - | BUSINESS PARTICIPATION”), TO THE EXTENT PRACTI CABLE AND PERMITTED BY 12 | |
| 499 | - | THE UNITED STATES CONSTITUTION; 13 | |
| 500 | - | ||
| 501 | - | (VI) § 15–113 OF THIS ARTICLE (“LIQUIDATED DAMAGES 14 | |
| 502 | - | POLICIES AND REPORTI NG”); 15 | |
| 503 | - | ||
| 504 | - | (VII) TITLE 17, SUBTITLE 1 OF THIS ARTICLE (“SECURITY FOR 16 | |
| 505 | - | CONSTRUCTION CONTRACTS”); 17 | |
| 506 | - | ||
| 507 | - | (VIII) TITLE 17, SUBTITLE 2 OF THIS ARTICLE (“PREVAILING 18 | |
| 508 | - | WAGE RATES – PUBLIC WORK CONTRACTS”); AND 19 | |
| 509 | - | ||
| 510 | - | (IX) TITLE 18 OF THIS ARTICLE (“LIVING WAGE”). 20 | |
| 511 | - | ||
| 512 | - | Article – Transportation 21 | |
| 513 | - | ||
| 514 | - | 7–1204. 22 | |
| 515 | - | ||
| 516 | - | (b) (2) The Smart Growth Subcabinet established under § 9–1406 of the State 23 | |
| 517 | - | Government Article may establish: 24 | |
| 518 | - | ||
| 519 | - | (i) Different eligibility requirements and objective scoring 25 | |
| 520 | - | standards for different types of financial assistance; and 26 | |
| 521 | - | ||
| 522 | - | (ii) Scoring preferences for applications that demonstrate that the 27 | |
| 523 | - | proposed project will: 28 | |
| 524 | - | ||
| 525 | - | 1. Enhance access to transit for low–income and minority 29 | |
| 526 | - | residents of the local jurisdiction; 30 12 HOUSE BILL 80 | |
| 527 | - | ||
| 528 | - | ||
| 529 | - | ||
| 530 | - | 2. Enhance access to transit in areas with affordable housing 1 | |
| 531 | - | and a diversity of job and educational opportunities; [or] 2 | |
| 532 | - | ||
| 533 | - | 3. Encourage development around underdeveloped and 3 | |
| 534 | - | underutilized transit stations in transit–oriented developments; OR 4 | |
| 535 | - | ||
| 536 | - | 4. USE PROJECT LABOR AGREEM ENTS TO PROMOTE 5 | |
| 537 | - | PROJECT EFFICIENCY , COST CONTROL , ENHANCED WORKER SAFE TY, A SKILLED 6 | |
| 538 | - | WORKFORCE , AND LABOR HARMONY . 7 | |
| 539 | - | ||
| 540 | - | Article – Transportation 8 | |
| 541 | - | ||
| 542 | - | 7–101. 9 | |
| 543 | - | ||
| 544 | - | (a) In this title the following words have the meanings indicated. 10 | |
| 545 | - | ||
| 546 | - | (p) “Transit–oriented development” means a mix of private or public parking 11 | |
| 547 | - | facilities, commercial and residential structures, and uses, improvements, and facilities 12 | |
| 548 | - | customarily appurtenant to such facilities and uses, that: 13 | |
| 549 | - | ||
| 550 | - | (1) Is part of a deliberate development plan or strategy involving: 14 | |
| 551 | - | ||
| 552 | - | (i) Property that is adjacent to the passenger boarding and alighting 15 | |
| 553 | - | location of a planned or existing transit station; 16 | |
| 554 | - | ||
| 555 | - | (ii) Property, any part of which is located within one–half mile of the 17 | |
| 556 | - | passenger boarding and alighting location of a planned or existing transit station; or 18 | |
| 557 | - | ||
| 558 | - | (iii) Property that is adjacent to a planned or existing transit corridor; 19 | |
| 559 | - | ||
| 560 | - | (2) Is planned to maximize the use of transit, walking, and bicycling by 20 | |
| 561 | - | residents and employees; and 21 | |
| 562 | - | ||
| 563 | - | (3) Is designated as a transit–oriented development by: 22 | |
| 564 | - | ||
| 565 | - | (i) The Smart Growth Subcabinet established under § 9–1406 of the 23 | |
| 566 | - | State Government Article; and 24 | |
| 567 | - | ||
| 568 | - | (ii) The local government or multicounty agency with land use and 25 | |
| 569 | - | planning responsibility for the relevant area applying for designation. 26 | |
| 570 | - | ||
| 571 | - | 7–1201. 27 | |
| 572 | - | ||
| 573 | - | (a) In this subtitle the following words have the meanings indicated. 28 | |
| 574 | - | HOUSE BILL 80 13 | |
| 575 | - | ||
| 576 | - | ||
| 577 | - | (c) “Fund” means the Transit–Oriented Development Capital Grant and 1 | |
| 578 | - | Revolving Loan Fund. 2 | |
| 579 | - | ||
| 580 | - | 7–1203. 3 | |
| 581 | - | ||
| 582 | - | (c) (1) The Fund consists of: 4 | |
| 583 | - | ||
| 584 | - | (i) Money appropriated in the State budget to the Fund; 5 | |
| 585 | - | ||
| 586 | - | (ii) Money made available for qualifying uses by the Fund from other 6 | |
| 587 | - | governmental sources, including eligible federal funding and the Transportation Trust 7 | |
| 588 | - | Fund; 8 | |
| 589 | - | ||
| 590 | - | (iii) Ground rents or land sale proceeds in accordance with § 9 | |
| 591 | - | 10–306(c)(2) of the State Finance and Procurement Article; 10 | |
| 592 | - | ||
| 593 | - | (iv) Payments of principal of and interest on loans made under this 11 | |
| 594 | - | title; 12 | |
| 595 | - | ||
| 596 | - | (v) Investment earnings of the Fund; [and] 13 | |
| 597 | - | ||
| 598 | - | (vi) PROCEEDS FROM BONDS I SSUED BY THE DEPARTMENT 14 | |
| 599 | - | UNDER THIS TITLE ; AND 15 | |
| 600 | - | ||
| 601 | - | (VII) Any other money from any other source, public or private, 16 | |
| 602 | - | accepted for the benefit of the Fund. 17 | |
| 603 | - | ||
| 604 | - | (2) Contributions to the Fund under paragraph (1)(iii) of this subsection 18 | |
| 605 | - | shall[: 19 | |
| 606 | - | ||
| 607 | - | (i) Be] BE separately accounted for in the Fund[; and 20 | |
| 608 | - | ||
| 609 | - | (ii) Be used only for the benefit of transit–oriented developments in 21 | |
| 610 | - | the same county where the real property subject to the ground rent or land sale is located]. 22 | |
| 611 | - | ||
| 612 | - | 7–1204. 23 | |
| 613 | - | ||
| 614 | - | (a) (1) The Fund may be used by the Department to provide financial 24 | |
| 615 | - | assistance to local jurisdictions for: 25 | |
| 616 | - | ||
| 617 | - | (i) PLANNING EFFORTS FOR A SITE ADJACENT TO T RANSIT 26 | |
| 618 | - | THAT IS NOT DESIGNAT ED AS A TRANSIT –ORIENTED DEVELOPMENT TO PREPARE 27 | |
| 619 | - | THAT SITE FOR SUCH D ESIGNATION; 28 | |
| 620 | - | 14 HOUSE BILL 80 | |
| 621 | - | ||
| 622 | - | ||
| 623 | - | (II) Design plans for a transit–oriented development, provided that 1 | |
| 624 | - | the transit–oriented development will be designed to meet equity goals established by the 2 | |
| 625 | - | Department; 3 | |
| 626 | - | ||
| 627 | - | [(ii)] (III) Public infrastructure improvements within a 4 | |
| 628 | - | transit–oriented development; or 5 | |
| 629 | - | ||
| 630 | - | [(iii)] (IV) Gap funding AND FINANCING for COSTS ASSOCIATED 6 | |
| 631 | - | WITH public or private development within a transit–oriented development. 7 | |
| 632 | - | ||
| 633 | - | (2) A private entity, including a nonprofit entity, participating in the 8 | |
| 634 | - | development of a transit–oriented development may partner with a local jurisdiction to 9 | |
| 635 | - | submit an application for financial assistance under paragraph [(1)(iii)] (1)(IV) of this 10 | |
| 636 | - | subsection. 11 | |
| 637 | - | ||
| 638 | - | SUBTITLE 13. TOD CORRIDOR FUNDS. 12 | |
| 639 | - | ||
| 640 | - | 7–1301. 13 | |
| 641 | - | ||
| 642 | - | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 14 | |
| 643 | - | INDICATED. 15 | |
| 644 | - | ||
| 645 | - | (B) “COUNTY SPECIAL TAXING DISTRICT” MEANS A TAXING DISTR ICT 16 | |
| 646 | - | ESTABLISHED BY THE G OVERNING BODY OF A C OUNTY UNDER TITLE 21, SUBTITLE 17 | |
| 647 | - | 5 OF THE LOCAL GOVERNMENT ARTICLE. 18 | |
| 648 | - | ||
| 649 | - | (C) “TOD CORRIDOR FUND ” MEANS A FUND ESTABLI SHED AND 19 | |
| 650 | - | ADMINISTERED BY THE DEPARTMENT TO SUP PORT TRANSIT –ORIENTED 20 | |
| 651 | - | DEVELOPMENT ADJACENT TO A PLANNED OR EXIS TING TRANSIT CORRIDO R. 21 | |
| 652 | - | ||
| 653 | - | 7–1302. 22 | |
| 654 | - | ||
| 655 | - | (A) THE DEPARTMENT MAY ESTABL ISH TOD CORRIDOR FUNDS TO 23 | |
| 656 | - | COLLECT REVENUES FRO M COUNTY SPECIAL TAX ING DISTRICTS ESTABL ISHED TO 24 | |
| 657 | - | BENEFIT TRANSIT –ORIENTED DEVELOPMEN T. 25 | |
| 658 | - | ||
| 659 | - | (B) A TOD CORRIDOR FUND MAY BE USED WITHIN APPLICAB LE SPECIAL 26 | |
| 660 | - | TAXING DISTRICTS TO : 27 | |
| 661 | - | ||
| 662 | - | (1) SUPPORT THE ISSUANCE OF BONDS FOR TRANSIT –ORIENTED 28 | |
| 663 | - | DEVELOPMENT –RELATED ACTIVITIES ; 29 | |
| 664 | - | ||
| 665 | - | (2) PROVIDE A DEDICATED S OURCE OF REVENUES TO REPAY 30 | |
| 666 | - | FEDERAL LOANS FOR TRANSIT–ORIENTED DEVELOPMENT ; AND 31 | |
| 667 | - | HOUSE BILL 80 15 | |
| 668 | - | ||
| 669 | - | ||
| 670 | - | (3) SUPPORT OTHER FINANCI NG ACTIVITIES FOR TH E BENEFIT OF 1 | |
| 671 | - | TRANSIT–ORIENTED DEVELOPMENT . 2 | |
| 672 | - | ||
| 673 | - | SECTION 2. AND BE IT FURTHER ENACTED, That § 4 –104(e) of the Land Use 3 | |
| 674 | - | Article, as enacted by Section 1 of this Act, shall apply only to land use rezonings or actions 4 | |
| 675 | - | taken by a legislative body on or after the effective date of this Act. 5 | |
| 676 | - | ||
| 677 | - | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 6 | |
| 678 | - | October 1, 2025. 7 | |
| 679 | - | ||
| 680 | - | ||
| 681 | - | ||
| 682 | - | ||
| 683 | - | ||
| 684 | - | Approved: | |
| 685 | - | ________________________________________________________________________________ | |
| 686 | - | Governor. | |
| 687 | - | ________________________________________________________________________________ | |
| 688 | - | Speaker of the House of Delegates. | |
| 689 | - | ________________________________________________________________________________ | |
| 690 | - | President of the Senate. |