On February 17, Executive Director Michael Sanderson testified before the Education, Energy, and the Environment Committee in opposition to SB 31 – School Construction and Housing – School Zones and Adequate Public Facilities Ordinances. 

This bill would require counties to partially process development applications even when they do not meet local Adequate Public Facilities Ordinance (APFO) standards—diverting limited staff time, delaying projects that are ready for approval, and potentially wasting public resources.

“We appreciate the sponsor correctly seeing that the school systems are the ones who manage school districts,” Mr. Sanderson said in his testimony, “our concern is really about the directive to process applications that we know cannot be approved.” He noted earlier bills from the same day’s hearing that contained elements seeking faster local planning turnaround of applications, and that SB 31 would require the already overwhelmed staff to divert their time and efforts.

APFOs are long-standing local smart growth tools designed to ensure that infrastructure —particularly schools, but also roads, water, and sewer systems— can support new development. As drafted, SB 31 would override local growth management policies based on school capacity decisions that counties do not control, while diverting limited planning staff time away from projects that are ready to move forward. Counties remain committed to advancing housing solutions, but urge a more aligned approach that respects both infrastructure realities and clearly defined governance roles.

From MACo Testimony: 

Counties are concerned the bill would also overwhelm local planning offices by forcing staff to spend time partially advancing projects that cannot proceed, instead of prioritizing applications that are positioned for timely approval. This approach creates delays across the board and effectively penalizes both jurisdictions and other developers for decisions outside their influence. It is important to note that SB 31 as drafted could actually create new obstacles in approving housing stock, rather than accelerating it – an unintended consequence that both the State and counties would like to avoid.

SB 31’s cross-file, HB 337, was also heard on February 17 in the Appropriations Committee. Dominic Butchko submitted written testimony in opposition to this bill.

More on MACo’s Advocacy: 

• Follow MACo’s advocacy efforts during the 2026 legislative session on MACo’s Legislative Tracking Database
• Learn more about MACo’s 2026 Legislative Initiatives
• Read more General Assembly News on MACo’s Conduit Street blog