Loading...
(a) Definitions. In this Section, the following words and phrases have the following meanings:
Director means the Director of the Office of Legislative Oversight or the Director’s designee.
Race means a social construct that artificially divides people into distinct groups based on characteristics such as physical appearance (including color), ancestral heritage, cultural affiliation, cultural history, ethnic classification, and the social, economic and political needs of a society at a given period.
Racial equity and social justice means changes in policy, practice and allocation of County resources so that race or social justice constructs do not predict one’s success, while also improving opportunities and outcomes for all people.
Racial equity and social justice impact means an estimate of changes in racial equity and social justice in the County attributable to a change in the law.
Social justice means that everyone deserves to benefit from the same economic, political and social rights and opportunities, free from health disparities, regardless of race, socioeconomic status, age, sex – including on the basis of gender identity or orientation, religion, disability, or other characteristics.
(b) Racial Equity and Social Justice impact statement. The Director must submit a statement to the Council describing the racial equity and social justice impact, if any, of each bill and zoning text amendment under consideration by the Council or the District Council. The Director must submit a separate statement for each bill or zoning text amendment. The Director must consult with the Planning Board staff before submitting a racial equity and social justice impact statement for a zoning text amendment to the Council.
(c) Time for submission. A racial equity and social justice impact statement should be submitted to the Council:
(1) no later than 7 days before the public hearing on each bill introduced by the Council President at the request of the County Executive; and
(2) no more than 21 days after a bill sponsored by a Councilmember is introduced.
If the Director is unable to submit the statement within the time required by paragraph (2), the Director must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date. If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery deadline.
(d) Content of racial equity and social justice impact statement. Each racial equity and social justice impact statement must include:
(1) the sources of information, assumptions, and methodologies used;
(2) an estimate of both positive and negative changes in racial equity and social justice in the County as a result of the implementation of the bill;
(3) recommended amendments that may promote racial equity and social justice; and
(4) if a bill is likely to have no racial equity or social justice impact, why that is the case.
(e) Compliance. Council action on an expedited bill or District Council action on a zoning text amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section. (2019 L.M.C., ch. 27, §1; 2020 L.M.C., ch. 38, §1.)
Editor’s note—2020 L.M.C., ch. 38, § 2, states: Transition. The amendments to Section 2-81C in Section 1 must take effect on September 1, 2021.2019 L.M.C., ch. 27, § 2, states:
Transition and Effective Date.
(a) The first report of the Office of Racial Equity and Social Justice required in Section 1 must be submitted to the Council on or before September 30, 2020 and the first report of the Racial Equity and Social Justice Committee required in Section 1 must be submitted to the Executive and the Council on or before December 1, 2020.
(b) Section 2-81C as added by Section 1 of this Act takes effect on August 1, 2020.
(a) Definitions. In this Section, the following terms have the meanings indicated.
Director means the Director of the Office of Legislative Oversight or the Director’s designee.
Planning Board means the Montgomery County Planning Board.
(b) Climate assessments required.
(1) The Director must submit an assessment to the Council describing the climate impact, if any, of each bill under consideration by the Council.
(2) The Planning Board must submit an assessment to the District Council describing the climate impact, if any, of each zoning text amendment, master plan, and master plan amendment under consideration by the District Council.
(c) Time for submission.
(1) A climate assessment should be submitted to the Council, or the District Council, at least 7 days prior to a public hearing on a bill, zoning text amendment, master plan, or master plan amendment.
(2) If the Director or the Planning Board is unable to submit the assessment within the time required under paragraph (1), the Director or the Planning Board must notify the Council President in writing of the delay, the reason for the delay, and the revised delivery date.
(3) If the Council President finds that the revised delivery date is unreasonable, the Council President may set a different delivery date.
(d) Contents of climate assessment.
(1) Each climate assessment must include:
(A) the sources of information, assumptions, and methodologies used;
(B) a description of variables that could affect the assessment; and
(C) if a bill, zoning text amendment, master plan, or master plan amendment is likely to have no climate impact, why that is the case.
(2) Each climate assessment must include:
(A) the potential positive or negative effects, if any, of the bill, zoning text amendment, master plan, or master plan amendment upon climate change;
(B) quantitative or qualitative evaluations of the identified effects upon greenhouse gas emissions, sequestration, and carbon drawdown; and
(C) quantitative or qualitative evaluations of the identified effects upon community resilience and adaptative capacity.
(3) Each climate assessment must identify amendments or other recommendations, if any, that would reduce or eliminate any anticipated negative effects of the bill, zoning text amendment, master plan, or master plan amendment upon carbon dioxide removal, sequestration, drawdown, community climate resilience, and adaptive capacity.
(e) Compliance. Council action on a bill, zoning text amendment, master plan, or master plan amendment that is otherwise valid is not invalid because of any failure to follow the requirements of this Section.
(f) Templates for climate assessments - required.
(1) Templates for the assessment of bills.
(A) The Director must develop and publish online a climate assessment template to guide the development of climate assessments for bills under this Section.
(B) At least once every 2 years, the Director must review the template and update the template as needed.
(2) Templates for the assessment of zoning text amendments and master plans.
(A) The Planning Board must develop and publish online a climate assessment template to guide the development of climate assessments for zoning text amendments, master plans, and master plan amendments under this Section.
(B) At least once every 2 years, the Planning Board must review the template and update the template as needed. (2022 L.M.C., ch. 17, §1; 2023 L.M.C., ch. 21, § 1.)
Editor’s note—2022 L.M.C., ch. 17
, §2, states: Sec. 2. Transition. The Director of the Office of Legislative Oversight must begin providing climate assessments under Section 1 of this Act beginning January 1, 2023. The Planning Board must begin providing climate assessments under Section 1 of this Act beginning March 1, 2023.
(a) Consideration of bills.
(1) Each bill enacted by the Council must contain only one subject matter.
(2) A vote on final passage of a bill requires a roll call by yeas and nays. If no Councilmember objects, the Council may enact more than one bill by a single combined roll call vote.
(b) Consideration of the budget. No earlier than 21 days after submission by the county executive to the council of the operating and capital budgets for the ensuing fiscal year and the six-year programs, the council must hold public hearings on the proposed budgets and six-year programs. The council must publish notice of the hearings in one newspaper of general circulation in the county. The council sets the procedure for consideration and approval of the budgets and six-year programs.
(c) Transmission to the Executive.
(1) After enactment of any legislation by the Council, the Clerk of the Council must promptly prepare a copy of the legislation in printed or typewritten form as finally enacted. The Council President or acting President must sign the legislation. The Clerk must deliver the legislation within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.
(2) After Council approval of the budget, the Clerk must deliver a copy of the approved budget within 3 days to the County Executive, or in the absence of the County Executive, to the person performing the duties of the County Executive.
(d) Legend on enrolled law. An enrolled law must contain in succinct form on the face of the bill in an appropriate place the bill number, chapter number, date introduced, date enacted, date approved by county executive or date of disapproval, if disapproved, date of override of veto, if any and the effective date. (1970 L.M.C., ch. 23, § 1; 1981 L.M.C., ch. 38, § 1; FY 1991 L.M.C., ch. 11, § 1; CY 1991 L.M.C., ch. 2, § 1; 1998 L.M.C., ch. 24, § 1; 2009 L.M.C., ch. 24, § 1.)
Editor’s note—See County Attorney Opinion No. 90.008 dated 11/20/90 discussing the use of consent calendars to consolidate capital improvement bills and proposed amendments to the County Code to permit more than one item on the consent calendar at a time. [attachment]
Charter reference-Enactment of legislation, § 111.
Division 3. Advisory Boards and Committees.
Subdivision I. Reserved.
Secs. 2-83—2-87. Reserved.
Editor’s note—Subdivision I, §§ 2-83—2-87, was repealed by 1977 L.M.C., ch. 37, § 1.
Subdivision II. Reserved
Loading...