MACo Opposes Legislation Creating Business Improvement Districts

March 13, 2010

MACo Associate Director Andrea Mansfield offered testimony in opposition to HB 1182 before the House Environmental Matters Committee this week.  This bill would set criteria for the establishment of Business Improvement Districts (BID).

MACo’s paramount concern is the mandate on local government to pass a resolution if the bill criteria are met, without the local government actually approving the BID itself.   It is also unclear how the taxes imposed by the BID would be treated with respect to property tax caps and whether BID issued debt would be considered an obligation of the local government.

During the hearing, many committee members expressed concern with the ability of the BID to impose taxes on businesses that did not support its creation.  The bill requires at least 51% interest in the BID’s creation.  Members asked about the impact on the other 49%.

MACo has been working with the bill sponsor to address its concerns and a number of amendments were submitted at the hearing.  However, more concerns remain.


Scrap metal regulation passing through Baltimore City Council

December 15, 2009

The Baltimore City Council recently passed a bill through second reader to regulate scrap metal dealers. The effort would be substantially similar to a bill already passed in Baltimore County.

MACo has advocated for sensible regulation of scrap metal dealers, to help to curb an “easy money” environment that has led to numerous incidents of property theft and destruction. MACo supported statewide legislation each of the last two years to address this issue (see SB32-ECM from 2009), but each time the bills have failed in the waning hours of the legislative session.

With two large jurisdictions making gains in this area, MACo remains hopeful that the General Assembly will be able to create a statewide law to govern these transactions — to assist law enforcement in pursuing property crimes, as well as to limit the potential for stolen goods to so easily enter the scrap metal stream. It will also remain a MACo priority to retain the effects of local legislation — and to avoid any new statewide bill (especially one with weaker standards than these local bills) from preempting local authority.

Click links below to see the local bills
Baltimore City legislation (on way toward passage)
Baltimore County legislation (passed)


FCC Imposes Wireless Siting Restrictions on Counties

December 10, 2009

According to NACo, the FCC issued a ruling on November 18 that will require counties to act on wireless co-location applications within 90 days and all other wireless siting requests within 150 days.  A county which fails to act within the required timeframe would be presumed to have violated the “failure to act within a reasonable time” clause of the federal Telecommunications Act of 1996 and could be sued by wireless applicant.

As NACo notes on its website:

 In short, the FCC’s decision could be problematic for local governments, both in terms of the immediate, practical effects it will have on counties’ ability to review and act on wireless-siting applications, and also in terms of setting a precedent allowing the FCC to inject itself into virtually any communications provider-related local zoning and right-of-way issue in the future.


Slots vote in Anne Arundel possible tonight

December 7, 2009

Much discussion in the Maryland political and policy realm centering on the possible long-awaited vote by the Anne Arundel County Council this evening on approval for the slots location at Arundel Mills shopping center. Some background on the issue is located here, in the Washington Post’s “Maryland Politics” section today.

The Post’s news item on the subject covers the logistics of the vote as well.


Differing Views on Oyster Limitations

December 7, 2009

The O’Malley Administration recently announced proposed restrictions on oyster harvesting, along with an aquaculture leasing program. In general, the proposed new rules were received well by environmental conservation stakeholders, but with skepticism from Maryland’s watermen. See below the differential coverage from Maryland’s major news outlets:

Baltimore Sun: O’Malley plans to limit oyster harvest

Washington Post: O’Malley proposes expanded oyster sanctuary : Md. plan bans harvest on 24% of best grounds, pushes shellfish farms

Brief excerpt from the Sun coverage:

“We can do better – we need to do better,” he said in outlining his plan at the Annapolis Maritime Museum, a former oyster packing house flanked by a marina. “Our economy needs this shot in the arm; our watermen need this shot in the arm.” But Jim Mullin, executive director of the 250-member Maryland Oystermen Association [and Cecil County Commissioner - mjs], called it “a sad day” because limiting harvest areas would hurt watermen who are already struggling to pay bills on diminished catches: “They’re going to take a culture and heritage and push it under the rug.”


Support for Extension of Maryland Heritage Structure Rehabilitation Tax Credit

November 30, 2009

The Baltimore Sun editorial page offers support for the extension of Maryland’s Historic Rehabilitation Tax Credit, which is set to expire after next year.


MACo expresses concerns on proposed Miss Utility Legislation

November 13, 2009

Proposed legislation to re-write Title 12 of the Public Utility Companies Article dealing with Underground Facilities, better known as the “Miss Utility Law” will take away the counties’ authority to seek reimbursement for costs associated with marking underground facilities, require the marking of storm drains, and establish the Maryland Underground Facilities Damage Prevention Authority.  Read MACo’s letter of concern and review the proposed legislation.


Baltimore County Scrap Metal law may fuel interest in statewide legislation

November 3, 2009

The Baltimore County Council unanimously adopted a law regulating local scrap metal dealers.  This regulatory authority has existed for local governments, but many counties have expressed concern about the very limited ability of any one political jurisdiction to address the crime problems connected to property theft and “easy money” for metal goods — as long as individual may cross county lines to find less regulated dealers, the problems will continue to some degree.

MACo, who adopted statewide reform in this area as one of its legislative initiatives in 2009, continues to pursue this issue.  Last year’s bill, SB 32, was defeated at the close of session despite a conference committee report resolving differences between the two passed versions of the bill.  The bill’s lead sponsor, Senator Ed Degrange, has expressed his intent to reintroduce the bill in the 2010 session.

MACo is hopeful that with added interest from more jurisdictions in local legislation, the regulated community may increasingly see a uniform, reasonable regulation as a preferred alternative to varying rules by county.


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