2011 Maryland General Assembly Commercial Real Estate Update

Environment

• SB 487 / HB 573 ? Fertilizer Use Act of 2011 ? Passed
• Summary ? Regulates the time of year and amount of nitrogen and phosphorous in fertilizers used in urban areas
• HB 57 ? Bay Restoration Fund ? Authorized Uses ? Passed
• Summary ? Allows Bay Restoration Fund to pay cost of connection to sewer system rather than just septic replacement
• HB 371 ? Stormwater Management Ordinance ? Cost Study ? Failed
• Summary ? Would have required that MDE study the costs associated with implementing 2009 stormwater management regulations

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Planning and Zoning

• SB 302 / HB 237 ? Baltimore City ? Administrative Adjustments ? Passed
• Summary ? Authorizes Baltimore City to administrative waivers to bulk regulations and other zoning regulations
• SB 752 / HB 847 ? Environmental Justice Review ? Failed
• Summary ? Would have required undefined environmental impact review and development alternatives analysis prior to approval of stormwater and other environmental permits
• SB 846 / HB 1107 ? Sustainable Growth and Agricultural Preservation Act ? Failed
• Summary ? Would have restricted development and redevelopment of land served by septic systems
• HB 474 ? Construction and Development Projects ? Expedited Approval of State Permits ? Failed
• Summary ? Would have required MDE and SHA to adopt fast track review for projects designated as fast track by a local government
• HB 1241 ? Rural Legacy Areas ? Prohibited Uses ? Failed
• Summary ? Would have prohibited non agricultural uses of more than 5 acres in Rural Legacy Areas
• HB 1050 ? Construction Permits ? Expiration Dates ?Failed
• Summary ? Would have extended provisions of industry sponsored legislation that tolled or extended development permits and approvals from 2008 through 2012

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Property and Business Management

• SB 191 / HB 117 ? Damaging or Removing Property Markers ? Penalty Increase ? Passed
• Summary ? Increases penalty for damaging property markers
• SB 261 / HB 718 ? Commercial Buildings ? Energy Benchmarking and Disclosure ? Failed
• Summary ? Would have required all commercial buildings over 10,000 square feet to annually benchmark energy use, disclose results to prospective tenants and buyers and grant them the right to rescind leases and purchase contracts
• SB 781 / HB 976 ? Displaced Building Service Worker Protection Act ? Failed
• Summary ? Would have required retention of workers when building services contracts are awarded to another company
• SB 861 / HB 1054 ? Maryland Offshore Wind Energy Act ? Failed
• Summary ? Would have required public utilities to enter into 20 year contracts to purchase electricity from off shore wind farm. Total increased cost capped by statute at 2.5% per month to be determined by the Public Service Commission

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Taxes and Fees

• SB 215 / HB 1349 ? Community Enhancement Transit Oriented Development Fund ? Failed
• Summary ? Would have established development impact fee system to pay for infrastructure and operations of social services organizations near TOD
• HB 420 ? Recordation Tax ? Indemnity Mortgages ? Failed
• Summary ? Would have applied the recordation tax to Indemnity Deeds of Trust Valued at more than $5 million
• HB 1064 ? Watershed and Restoration Protection Act ? Failed
• Summary ? Would have required that local government establish an impervious surface fee and that commercial property pay at a higher rate than other classes of property
• HB 463 ?Semi Annual Tax Payment ? Business Property ? Passed
• Summary ? Expands semi annual tax payment schedule to include business property
• Tax Liability Threshold ? Total property taxes (local, state, special taxing districts) do not exceed $50,000 for the taxable year ($100,000 after June 30,2012)
• Eligible Business Property ? Must be assigned a commercial use code by the State Department of Assessments and Taxation (SDAT)

Retail, office, commercial, industrial, recreational, apartment, hotel, parking lots, daycare, warehouse, nursery, bar, restaurants, auto dealerships

Transportation

• SB 451 ? Transportation ? Sales and Use Tax ? Funding for Mass Transit ? Failed
• Summary ? Would have applied sales tax to gasoline sales state-wide and dedicated revenues in specific counties to mass transit balance of revenues to the transportation trust fund
• SB 714 / HB 1001 ? Transportation Trust Fund ? Financing ? Use of Funds ? Failed
• Summary ? Would have increased titling fees and gas tax by 10 cents. Future rate would have been indexed to the Construction Cost Index and diversion of Transportation Trust Fund to other purposes were limited.
• HB 109 ? Outdoor Signs on Scenic Byways and Federal Aid Highways ? Passed
• Summary ? Prohibits SHA from issuing permit for signs on designated scenic highways

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Construction and Building Codes

• SB 387 / HB 910 ? High Performance Buildings Act ? Applicability to Recipients of State Aid ? Failed
• Summary ? Would have required that all projects with more than $100,000 in state grants build to LEED Silver
• HB 972 ? Building Codes ? International Green Construction Code ? Passed
• Summary ? Authorizes DHCD and local governments to adopt the International Code Congress Green Building Code as a supplement to the standard building code. Local adoption and use by builders is optional.

Source: http://www.propertymanagementresource.com/archives/4411

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