(a) Program established. There is a Substantial Financial Hardship Exemption Program. The purpose of the Program is to exempt from the payment of the stormwater remediation fee a property owner who is able to demonstrate substantial financial hardship as a result of the fee.
(b) Qualifications for exemption. To qualify for a substantial financial hardship exemption:
(1) the real property for which the exemption is requested shall contain a detached single family dwelling or a dwelling unit in an attached dwelling or multifamily residential property;
(2) at least one of the property owners shall be an occupant of the property; and
(3) at least two of the following four criteria shall be met to demonstrate substantial financial hardship:
(i) the combined gross income, as defined in the Tax-Property Article, § 9-104, of the State Code, does not exceed the poverty guidelines updated periodically in the Federal Register by the United States Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2);
(ii) at least one of the property owners who resides at the property receives an energy assistance subsidy in accordance with a Fuel and Utility Assistance Program established under the Human Services Article, § 5-5A-07, of the State Code;
(iii) at least one of the property owners who resides at the property receives supplemental Security Income under 42 U.S.C. § 1381, et seq. or food stamps under 42 U.S.C. § 2011, et seq.; or
(iv) at least one of the property owners who resides at the property receives veterans or Social Security disability benefits under the Social Security Act, the Railroad Retirement Act, any federal act for members of the United States Armed Forces, or any federal retirement system.
(c) Mobile home park tenants. A person with a valid lease or contract to use a mobile home space in a licensed mobile home park qualifies for the substantial financial hardship exemption if at least one of the persons listed on the lease or contract is an occupant of a mobile home in the mobile home space and at least two of the four criteria set forth in subsection (b)(3) are met. If a substantial financial hardship exemption is granted under this subsection and the stormwater remediation fee is charged to an owner of a mobile home park, the stormwater remediation fee for the mobile home park shall be reduced by 40% of the base rate.
(d) Rules and regulations. The Office of Finance shall administer the Substantial Financial Hardship Exemption Program and the Controller shall adopt rules and regulations governing the Program. The rules and regulations shall provide:
(1) the application deadline;
(2) that the application shall be made on a form provided by the Office of Finance;
(3) a description of documentation that shall be provided by an applicant; and
(4) any other matters deemed necessary by the Controller to administer the Substantial Financial Hardship Exemption Program.
(e) Validity of exemption. Any exemption granted is only valid for the year that payment of the stormwater remediation fee is due.
(Bill No. 2-13)