Maryland Building Industry Association
2017 Legislative Committee
Senate & House Progress Report---February 28 2017
(Priority Local Bills indicated by shading)
Bill # Sponsor / Bill Title / Committee / Hearing Date / Status / Prior Year Intro / MBIAPosition / Comments /
SB 29
Pinsky
(HB 617) / Forest Conservation Thresholds and Reforestation Requirements / EHE / 1/24 at 1:00 pm / Senate Passed amends
House E&T / -1 / Bill does not create anything in law that doesn’t already exist. Katie has advised that
We oppose it strenuously as “the camel’s nose under the tent.” Amendment added afforestation.
SB 62
Young
(HB 434) / Backyard Gardens - Prohibition on Restrictions / EHE / 1/24 at 1:00 pm / -3 / There are ESD and possibly utility easement problems with this language. There is probably a way to carve those out that make it acceptable but this seems to allow homeowners to turn their on-site ESD device into a garden which is bad for various reasons.
SB 76
Reilly
(HB 280) / Circuit Court Real Property Records Improvement Fund - Change of Name / JPR / 1/24 / UNFAV / 0 / Changes name of the “Circuit Court Real Property Records Improvement Fund” to the “State Judiciary Technology Fund”. Does not alter or raise fees
SB 111
McFadden
(HB 363) /
Recordation and Transfer Taxes - Exemptions - Property Conveyed From Sole Proprietorship to Limited Liability Company
/ B&T / 2/12:00 pm. / Senate
Passed
amend
House W&M / HB0044 2016 / +2 / Would benefit transfer from farmer to developer in being able to pay ag transfer tax rather than higher rate tax
SB 116
Edwards /
Program Open Space - Attainment of Acquisition Goals - Local Government Apportionment and Use of Funds
/ EHE / 1/24 / SenatePassed amend
House APP / 0 / Allows jurisdictions to use 100% of open space funds for “development” and “capital renewal” projects if the county’s land acquisition goals have already been met as certified by DNR and Planning
SB 168
Conway
(HB 674) / Maryland Paint Stewardship Program / EHE / 1/31 / SB02012016 / -2 / This measure requires the Office of Recycling of the Maryland Department of Environment (MDE) to establish a paint recycling program. Builders and remodelers use architectural coatings in most of their construction and home improvement projects and anticipate that the requirements of this legislation would increase the cost of purchasing these materials.
SB 177
Manno, et al
(HB 1226) / Elevator Inspections - Testing / F / 2/9 / SB11652016 / -1 / Potential multifamily impacts; requires test be performed by a licensed elevator mechanic and with State inspector or third-party qualified inspector to be physically present at test
SB 180
Peters, et al
(HB 644) / Independent Living Tax Credit Act / B&T / 2/8 / Senate Passed
w/amends
House W&M / SB0819
2016 / +3 / State tax credit, individual or a corporation,= 50% of renovation or construction costs (during taxable year) to provide accessibility / visitability features to or within a home; credit not to exceed $5,000
SB 183
President, By Request DLS
(HB 115) / Mold Remediation Licensure / EHE / 2/2 / Senate Passed
House EM / 0 / Extends deadline for licensure of Mold Remediation firms to be licensed by MHIC from July 1 2013 to July 1, 2019
SB 190
President, By Request DLS
(HB 117) / Elevator Safety Review Board, Sunset Extension / F / 2/2 / Senate
Passed
House EM / 0 / Extends the sunset of the Elevator Safety Review Board from 2016 to 2026
SB 230
Middleton, et al
(HB 1) / Maryland Healthy Working Families Act, / F / 2/9 / SB0472
2016 / -2 / Democrat version of earned/family sick leave bill.
SB 247
Ramirez
(HB 26) / Notices of Foreclosure Sale and Postponement or Cancellation / JP
(E&T) / 2/2 / 0 / Requires written notice of proposed foreclosure sale to condominium or homeowners association that, at least 30 days before proposed sale, has recorded a statement of lien against the property; within 14 days after the postponement or cancellation of a foreclosure sale requires a notice to that effect sent to the record owner.
SB 254
Peters, et al
(HB 1174) / Subtraction Modification – Perpetual Conservation Easements / B&T / 2/15 / SB0371
2016 / 0 / Provides a subtraction modification under MD income tax for the first $250,000 in proceeds from the sale of a perpetual conservation easement on real property in the State.
SB 266
Conway, et al
(HB 281) / On–Site Sewage Disposal Systems – Best Available Technology For Nitrogen Removal – Prohibition / EHE / 1/31 / FAV\
Special Order until 3/2 / -3 / Prohibits a person from installing, or having installed, on property a person owns in the State in the Chesapeake Bay watershed, the Atlantic Coastal Bays watershed, or the watershed of a nitrogen–impaired body of water, an on–site sewage disposal system to service a newly constructed building, unless system utilizes nitrogen removal technology
SB 284
Ready, et al / Vehicle–Miles–Traveled Tax and Associated Mandated Devices – Prohibition / B&T / 2/15 / SB0196
2016
SB0664
2015 / +2 / Prohibits the State or a local jurisdiction from imposing or levying a vehicle–miles–traveled tax or other similar fees, tolls, or taxes; prohibiting the State or a local jurisdiction from requiring the installation of a device in or on a privately owned vehicle to facilitate the reporting of vehicle–miles traveled
SB 301
Feldman, et al
(HB 699) / Real Property – Installation and Use of Electric Vehicle Recharging Equipment / JP / 2/7 / UNFAV / SB01682016
SB0762
2015 / -1 / Provides that specified provisions of a recorded covenant or restriction, a declaration, or the bylaws or rules of a condominium or homeowners association are void and unenforceable; establishes requirements and procedures relating to an application to the condominium or homeowners association to install or use electric vehicle recharging equipment; requiring owners of electric vehicle recharging equipment to be responsible for specified costs and disclosures
SB 302
Feldman, et al
(HB 36) / Plug-In Electric Drive Vehicles - Reserved Parking Spaces / JP / 2/7 / UNFAV / 0 / If an electric vehicle charging station is provided, this bill requires marking of the space, allows for towing, and it will not count as an additional parking space requirement
SB 305
President by Request Admin
(HB 382) / Commonsense Paid Leave Act / F & B&T / 2/9 / +1 / Requires specified employers to provide employees with paid time off; specified employers are eligible for a tax subtraction modification under specified circumstances; provides the method of determining whether an employer is required to provide paid time off; applies the Act to all taxable years beginning after December 31, 2017; applies to firms of 50 employees or more that work over 30 hours a week, allows a tax credit for firms under 50 employees
SB 307
President by Request Admin
(HB 402)
Emergency Bill / Repeal of the Maryland Open Transportation Investment Decision Act of 2016 (Road Kill Bill Repeal} / B&T / 2/22 / +2 / Repeals specified State transportation goals. Repeals requirements that DOT: score the extent to which specified transportation projects satisfy the goals; develop a scoring system and promulgate regulations; in accordance with the scoring system, rank major transportation projects for inclusion in the draft and final Consolidated Transportation Program
SB 314
President by Request Admin
(HB 417) / Clean Water Commerce Act Of 2017 / EHE / 2/14 / 2nd Reading Pass
w/aments / +1 / Authorizes funds in the Bay Restoration Fund to be used for the costs associated with the purchase of nutrient credits, not to exceed $10,000,000 per year.
SB 317
President by Request Admin
(HB 394) / More Jobs for Marylanders Act of 2017 / B&T / 2/22 / 0 / Establishes the More Jobs for Marylanders Program within the Dept. of Commerce; business entities certified to participate in the Program are exempt from specified fees and the sales tax imposed on specified purchases; allows business entities a credit against State income and property taxes; exempts specified business entities from specified expensing and deprecation subtraction modifications. Tax incentives for new industrial businesses entering the State, probably not our issue
SB 335
Rosapepe
(HB 652) / Career Apprenticeship Opportunity Act Of 2017 / B&T / 2/16 / +2 / Requires the Board of Education to develop, on or before December 1, 2017, goals for percentages of high school graduates for completing specified career and technical education programs and earning credentials, to develop a method to consider a student’s attainment of credential or completion of apprenticeship program as equivalent to a specified Advanced Placement examination score
SB 343
Eckardt, et al
(HB 384) / Bay Restoration Fund – Eligible Costs – Expansion / EHE / 2/7 / Senate
Passed amends
House E&T / +1 / Alters the definition of “eligible costs” as it relates to projects that receive funding from the Bay Restoration Fund to include any wastewater facility upgrade to enhanced nutrient removal, as determined by MDE.
SB 357
Pinsky
(HB 615) / Business Relief and Tax Fairness Act of 2017 / B&T / 2/22 / SB04322016 / -1 / Prohibits the State Department of Assessments and Taxation from imposing a fee for the filing of specified documents by corporations or business entities with 10 or fewer employees; requiring specified corporations to compute Maryland taxable income using a specified combined reporting method; requiring, subject to specified regulations, specified groups of corporations to file a combined income tax return reflecting the aggregate income tax liability of all the members of the group. Combined reporting law
SB 365
Young, et al
(HB 599) / Forest Conservation Act – Exemption, Reforestation Rate, and Forest Conservation Fund – Alterations / EHE / 2/7 / -3 / Alters the FCA exemption for the cutting or clearing of public utility rights–of–way or land for electric generating stations; increases acreage planted to meet the reforestation requirement; and authorizes an increase in in lieu rate
SB 367
Zucker, et al
(HB 1155) / Income Tax – Subtraction Modification – Mortgage Forgiveness Debt Relief / B&T / 2/22 / SB 596 2014 / 0 / Allows a subtraction modification under the MD income tax for income from the discharge of indebtedness related to acquiring, constructing, substantially improving, or refinancing a principal residence; provides that the subtraction does not apply to more than $100,000 for an individual and $200,000 for a married couple filing jointly or specified individuals; applies to taxable years beginning after 12/31/2016, but before 1/1/ 2019
SB 376
Norman
(HB 595 / Mortgages and Deeds of Trust – Certification Requirement For Recordation – Repeal / JP / 2/9 / 0 / Repeals the requirement that a mortgage or deed of trust bear a specified attorney certification or a certification that the instrument was prepared by a specified party in order to be recorded; and makes a stylistic change.
SB 386
Nathan–Pulliam, et al / Pollinator Habitat Plans – Plan Contents – Requirement and Prohibition / EHE / 2/7 / FAV
w/amends
Laid Over / 0 / Requires a pollinator habitat plan established by Department of Natural Resources, the Maryland Environmental Service, and the State Highway Administration be as protective of pollinators as the Department of Agriculture’s managed pollinator protection plan; prohibits use of specified pesticides, seeds, or plants in the pollinator habitat plan.
SB 392
Hershey / Credit Regulation – Revolving and Closed End Credit Loans – Elimination of Duplicative Disclosures / F / 2/9 / 2nd Reading Pass
w/amends / 0 / Provides that disclosure provided by a lender to a borrower in compliance with a specified federal law shall satisfy specified disclosure requirements under provisions of law governing revolving credit and closed end credit loans secured by a first mortgage or first deed of trust on residential real property
SB 421
Peters, et al
(HB 583) / Counties – Historic Preservation – Development Limitation / EHE / 3/7 / -3 / Does not allow “improvements” to real property abutting or adjacent to properties continuously occupied by a religious institution since the “18th century” unless there is a 600 foot buffer, all capital projects in the consolidated transportation plan are complete, SHA and municipality approve the project, the owner covenants to allow bells to ring in perpetuity and owner covenants to pay for any improvements necessary to religious property as a result of owner’s development
SB 440
Conway and Salling
HB 557 / Environment – Water Management – Sediment Control
at Large Redevelopment Sites / EHE / 2/14 / 2nd Reading Pass
w/amends / +1 / Applies to sites larger than 100 acres and is or was used as an industrial site where there is application for voluntary cleanup/remediation. Requires department of environment approval of sediment control plan instead of local SCD and requires criteria for sediment control of large redev sites to be determined by the Department
SB 461
Conway
(Request – Baltimore City Administration)
(HB 405) / Plumbing and Heating, Ventilation, Air–Conditioning, and Refrigeration Inspectors – Qualifications / EHE / 2/16 / UNFAV
Withdrawn / 0 / Provides an exception to the authority of a county or local government to employ only plumbing inspectors who hold a master plumbing license issued by specified entities; authorizes a county or local government to hire plumbing inspectors who obtain certification by the International Code Council as a mechanical inspector within 6 months of being hired; provides that plumbing and HVAC inspectors must have at least 5 years of experience before being appointed or employed