Bill Summary – FastDemocracy

HB 464
                      Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                           FISCAL AND POLICY NOTE
                                 Third Reader
House Bill 464               (Montgomery County Delegation and Prince George's
                             County Delegation)
Environment and Transportation         Education, Health, and Environmental Affairs
      Maryland–National Capital Park and Planning Commission – Mandatory
                        Referral Review MC/PG 101–21
This bill establishes guidelines for a complete submission referral to the
Maryland-National Capital Park and Planning Commission (M-NCPPC) for specified
activities in the Maryland-Washington Regional District and designates timelines and
feedback required of M-NCPPC following receipt of a mandatory referral.
                                    Fiscal Summary
State Effect: None.
Local Effect: None. The bill does not materially affect M-NCPPC operations or finances.
Small Business Effect: None.
                                         Analysis
Bill Summary: A “complete submission” is an explanatory narrative accompanied by an
engineering or architectural drawing that depicts the proposed location, character, grade,
and extent of the activity subject to a mandatory referral. Within three business days after
receiving a submission, M-NCPPC must notify the submitting entity that the submission is
(1) complete and accepted by the commission if the referral adequately reviews the
proposed location, character, grade, and extent of the activity or (2) rejected as incomplete
by the commission. If a submission is rejected, the commission must provide an itemized
list of the information required for the submission to be complete.
If a submitting entity submits an amendment to the original rejected referral submission,
the commission must notify the submitting entity of the completeness of the amended
submission within 3 business days. If the amendment was rejected as incomplete, the
commission must act on the amended submission within 60 days of receiving the
amendment.
If a submission is rejected as incomplete after an entity has submitted amendments at least
three times, the entity may notify the commission that it is unable to provide additional
information on the submission through reasonable means. After receipt of such notice, the
commission must (1) accept the submission as complete and (2) act on the submission
within 60 days.
Current Law: A public board, public body, or public official must refer the following
activities in the Maryland-Washington Regional District to M-NCPPC:
      acquiring or selling land;
      locating, constructing, or authorizing a road, park, public building or structure
       (including federal building or structure), publicly owned or privately owned utility,
       or any other public way or ground; or
      changing the use of or widening, narrowing, extending, relocating, vacating, or
       abandoning any facility aforementioned.
The proposed location, character, grade, and extent of the activity must be referred and
approved by the commission. An official referral to the commission is deemed approved if
the commission fails to act within 60 days of submission. If the commission disapproves a
mandatory referral, the commission must notify the submitting entity of its reasons for the
disapproval. The submitting entity may overrule the disapproval of the commission and
proceed with the activity as proposed.
Maryland-National Capital Park and Planning Commission
M-NCPPC is a bi-county agency serving Montgomery and Prince George’s counties that
was empowered by the State in 1927 to acquire and administer a regional system of parks
within the Maryland-Washington Metropolitan District and administer a general plan for
the physical development of the area. In 1970, M-NCPPC became responsible for
managing the Prince George’s County public recreation program. M-NCPPC operates
approximately 52,000 acres of parkland, trails, and open space in Montgomery and
Prince George’s counties, as well as a variety of facilities, including nature centers,
community centers, historic sites, and sports venues.
HB 464/ Page 2
                               Additional Information
Prior Introductions: HB 394 of 2020 passed the House, but no further action was taken.
HB 859 of 2019, a similar bill, was withdrawn prior to receiving a hearing in the House
Environment and Transportation Committee.
Designated Cross File: None.
Information Source(s):        Montgomery County; Prince George’s County;
Maryland-National Capital Park and Planning Commission; Department of Legislative
Services
Fiscal Note History:    First Reader - February 26, 2021
rh/hlb                  Third Reader - March 22, 2021
Analysis by: Arnold Adja                            Direct Inquiries to:
                                                    (410) 946-5510
                                                    (301) 970-5510
HB 464/ Page 3
Statutes affected: 
Text - First - Maryland–National Capital Park and Planning Commission – Mandatory Referral Review MC/PG 101–21: 20-301 Land Use, 20-304 Land Use
Text - Third - Maryland–National Capital Park and Planning Commission – Mandatory Referral Review MC/PG 101–21: 20-301 Land Use, 20-304 Land Use