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Cannabis Legislation

HB 805 made alterations to aspects of the adult-use cannabis law that pertain to land use; MML supported amendments were adopted. The changes include:

  • Adding places of worship to the list of pre-existing properties that may not be located within 500 feet of a dispensary.
  • Increasing the distance a local government may set between dispensaries from 1,000 feet to half a mile.
  • Allowing local governments to set the distance a dispensary may operate from a residential zone to up to 100 feet or the same distance from a residential zone required for alcohol retail stores. 
  • Prohibiting local governments from adopting an ordinance that places zoning requirements on dispensaries that are more burdensome than those placed on alcohol retail stores. 
  • Clarifying that there is a restriction on local governments regarding zoning requirements only for certain exclusively outdoor growers.
  • Adding a complaint process against dispensaries.

Another bill made changes to the cannabis law beyond land use. HB 253 alters a drafting error in the law and clarifies that the local government where an on-site consumption facility is planning to locate sets the laws and policies that govern that on-site consumption facility.

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MML Speed Camera Priority Update

MML's priority bill, HB 282, as passed by the House would have permitted municipalities that do not maintain a police force to use a technician, as opposed to a law enforcement officer, to review speed camera images and sign the citations.

The bill garnered significant support but failed to receive a vote in the Senate Judicial Proceedings Committee before the close of the General Assembly Session.

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EPA Announces Final Regulatory Determinations for PFAS

On April 10, 2024, the EPA announced the final National Primary Drinking Water Regulation (NPDWR) for six PFAS. The NPDWR establishes legally enforceable levels, called Maximum Contaminant Levels (MCLs), for six PFAS in drinking water: PFOA, PFOS, PFHxS, PFNA, and HFPO-DA as contaminants with individual MCLs, and PFAS mixtures containing at least two or more of PFHxS, PFNA, HFPO-DA, and PFBS using a Hazard Index MCL to account for the combined and co-occurring levels of these PFAS in drinking water. EPA also finalized health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS. 

The final rule requires:

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MML Priority Tourism Zones Legislation Passed; Awaiting Governor Moore’s Signature

(April 4, 2024) Annapolis, Md. The Maryland Municipal League (MML)’s priority legislation enabling Maryland’s 157 municipalities to establish Tourism Zones, SB 14 (Sen. Michael A. Jackson) and HB 1281 (Del. Wayne A. Hartman), received final passage yesterday. The bill is now awaiting Governor Moore’s signature, after sharing his support for the concept at MML’s Fall Conference in 2023.  

In addition to allowing local jurisdictions to self-designate the boundaries of a tourism zone, the bill provides the authority to establish definitions for tourism businesses, provide certain local incentives, and set qualifications. Incentives can include real property tax credits, personal property tax credits, and exemption from local Admission and Amusement taxes.

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Employer and Personnel Legislation

More modifications were made to the State's Paid Family and Medical Leave Insurance Program in HB 571 / SB 485, a bill supported by MML with amendments. The first change is that the implementation of the program is pushed back: claims open now on July 1, 2026 (delayed from January 1, 2026) and for those employers that plan to use the State plan, mandatory contributions begin on July 1, 2025 (delayed from October 1, 2024). Secondly, for those employers that plan to use a third-party insurer, the State will levy an application fee to cover administrative costs.

With the passage of HB 649 / SB 525, all employers in the State will now need to include the wage range and benefits associated with a position when publishing a job posting. Onerous provisions relating to employer liability were removed via amendment, leaving only small fines for non-compliance. 

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Updates on Legislation with State and Local Budget Implications

The following legislation has budgetary implications for Maryland municipalities and was passed or died in the last week of the Maryland General Assembly’s 2024 session.

Budget/BRFASB 360/HB 350 & SB 362/HB 352 (Passed) – As passed by the Senate in early March, this year’s budget and accompanying Budget Reconciliation and Financing Act (BRFA) would have reduced local Highway User Revenues (HUR) in FY 26 & FY 27. MML and MACo pushed back against the need to codify those out-year reductions in this year’s budget. The House of Delegates also pushed back and identified some new revenue sources to fund transportation and education moving forward. The compromise deal resulted in an additional $350 million for the State which allows for HURs to be fully funded.  

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Housing Legislation

HB 538, the Governor's Housing Expansion bill, passed with several amendments. This bill requires local jurisdictions to allow (1) new manufactured homes and modular dwellings in zones that allow single-family residential uses and (2) increased densities and uses in specified zoning areas for “qualified projects” (which include specified amounts of affordable housing). The bill prohibits a local jurisdiction from imposing unreasonable limitations or requirements on a qualified project or requiring a qualified project to be reviewed at more than a specified number of public hearings. The bill also establishes a Historic Property Revitalization Director within the Department of Housing and Community Development (DHCD). The bill takes effect January 1, 2025.

HB 693, the Governor's Renters' Rights and Stabilization bill, also passed with amendments. This measure increases the cost of filing eviction and other landlord-tenant cases in court. The bill also establishes the Office of Tenant and Landlord Affairs (OTLA) in the Department of Housing and Community Development (DHCD), extends the period between granting judgment for possession in favor of a landlord and the execution of the warrant of restitution, establishes a tenant’s right of first refusal (and an exclusive negotiation period) prior to the sale of certain residential rental property, and expands the categories of eviction data that must be collected by the Judiciary and provided to DHCD.

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MML Tourism Zones and Speed Camera Legislation Pass Senate and House Ahead of Critical Deadline

(March 19, 2024) Annapolis, Md. Ahead of the crossover deadline, two Maryland Municipal League (MML) priority bills passed out of their original chambers. Approved by the House on Saturday, HB 282 would enable more municipalities to utilize speed cameras by allowing those without a police department to utilize trained technicians to review the images and sign citations. HB 1281, cross-filed with SB 14, which would grant local governments the authority to create tourism zones and provide local incentives, advanced through the House on Monday, March 18. 

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