(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.