Sec. 01.01.1998.04. Smart Growth and Neighborhood Conservation Policy

A. Purpose. This Executive Order establishes the Smart Growth and Neighborhood Conservation Policy, as defined in this Executive Order and effectuates the State Economic Growth, and Resource Protection and Planning Policy mandated and adopted by the General Assembly in 1992 (Chapter 437 of the Acts of 1992).

B. Smart Growth and Neighborhood Conservation Policy. The Policy provides that:

(1) State agencies give priority to central business districts, downtown cores, empowerment zones and revitalization areas when funding infrastructure projects or locating new facilities;

(2) State agencies review, evaluate and coordinate programs, services and activities in Priority Funding Areas to enhance and support community revitalization;

(3) State agencies work with local jurisdictions to ensure that programs and activities in rural areas will sustain the character of villages in the area;

(4) State agencies encourage locating workshops, conferences and other meetings in Priority Funding Areas and support available businesses in these areas when planning such activities; and

(5) State agencies encourage federal agencies to adopt flexible regulations and standards which are more responsive to State and local policies and can be used to support the Smart Growth policies.

C. Scope and Implementation of the Policy.

(1) All State agencies will implement the Smart Growth and Neighborhood Conservation Policy established in this Executive Order and pursuant to Acts 1 and 2 (Brownfields), Acts 755 and 756 (Job Creation Tax Credit), Acts 757 and 758 (Rural Legacy), and Act 759 (Priority Funding Areas) of the Laws of Maryland 1997.

(2) The Policy will apply to all decisions made by an agency when statute or other law confers decision-making discretion to the agency.

(3) State agencies will continue to implement the State Economic Growth and Resource Protection and Planning Policy.

D. Smart Growth and Neighborhood Conservation Sub-Cabinet.

(1) There is a Smart Growth and Neighborhood Conservation Sub-Cabinet. The Sub-Cabinet will consist of the following members:

(a) Secretary of Agriculture;

(b) Secretary of Budget and Management;

(c) Secretary of Business and Economic Development;

(d) Secretary of the Environment;

(e) Secretary of General Services;

(f) Secretary of Housing and Community Development;

(g) Assistant Secretary of the Office of Neighborhood Revitalization;

(h) Secretary of Natural Resources;

(i) Director of the Office of Planning;

(j) Secretary of Transportation;

(k) Special Assistant to the Governor for Smart Growth; and

(l) One Additional Representative of the Governor's Office.

(2) The Director of the Maryland Office of Planning will serve as Chairman of the Sub-Cabinet and will schedule meetings. Principal staff support for the Sub-Cabinet will be provided by the Office of Planning.

(3) The Sub-Cabinet will:

(a) Assist in the implementation of the Smart Growth Policy and recommend to the Governor changes in State law, regulations and procedures needed to support this Policy;

(b) Provide a forum for discussion of interdepartmental issues relating to activities that affect growth, development, neighborhood conservation and resource management;

(c) Establish a mechanism, using the Maryland Office of Planning Parcel Mapping System, Maryland Property View, for identification and coordination of all State activities and projects within Priority Funding Areas and ensure that all State actions that influence redevelopment and growth are identified and submitted for review during project planning;

(d) Develop procedures to review projects of extraordinary circumstances as defined in §5-7B-05 of the State Finance and Procurement Article prior to submittal before the Board of Public Works;

(e) Work with the Office of Planning and the Department of Transportation to develop a procedure for notification, review and comment in accordance with §5-7B-06 of the State Finance and Procurement Article, which provides for State funding of certain projects not in Priority Funding Areas as exceptions without the approval of the Board of Public Works;

(f) Maintain, and when necessary, review and revise procedures established pursuant to §5-7A-02 of the State Finance and Procurement Article for the review of State projects and agency determinations of project consistency or inconsistency with the 1992 Growth Act; and

(g) Work together using all available resources to promote the understanding of the Smart Growth Initiatives.

E. Procedures for review and coordination of projects and activities in Priority Funding Areas.

(1) The Maryland Office of Planning will:

(a) Provide mapping and other technical assistance, as requested, to counties and municipalities when mapping certified Priority Funding Areas;

(b) Help local governments establish an opportunity for public review of proposed Priority Funding Areas prior to certification;

(c) Provide local governments a standard GIS digital protocol for use when developing the map illustrating the precise location of the certified Priority Funding Area;

(d) Consider the capacity of land areas available for growth, including in-fill development and the analysis of the land area needed to satisfy growth needs for development when commenting on Priority Funding areas certified by local governments;

(e) Provide comments to each State agency on Priority Funding Areas certified by local governments and provide State agencies with maps illustrating areas certified by local governments as Priority Funding Areas; and

(f) Establish a schedule for annual updates of the maps.

(2) All State agencies will:

(a) Refer to the maps provided by the Office of Planning when making decisions to fund projects proposed in a certified Priority Funding Area;

(b) Prior to funding a growth-related project, obtain from the affected local government a written statement that the proposed growth-related project is located within a Certified Priority Funding Area. When applicable this statement should provide documentation to demonstrate that non-State funding of planned water and sewer is committed and moving forward in advance of, or concurrent with, State funding;

(c) Assist the Office of Planning in conducting surveys of Municipal, County and State Governments infrastructure needs as Provided in §5-7b-09(b) of the State Finance and Procurement Article including information relating to the financial capacity of the affected unit of government to undertake such projects.

(3) When making funding decisions, State agencies will consider:

(a) Whether the proposed project is located in a Priority Funding Area;

(b) Whether the project will enhance or support other activities targeted by State agencies to a community within a Priority Funding Area, such as the Brownfields-Voluntary Cleanup and Revitalization Incentive Program and tax credits targeted to revitalization areas;

(c) Whether the project is located in a Designated Neighborhood in accord with the requirements of the Neighborhood Business Development Program of the Department of Housing and Community Development;

(d) Whether the project supports existing neighborhoods and communities;

(e) Whether the project will promote the use of mass transit;

(f) Whether the project is consistent with any adjacent jurisdiction's Smart Growth plans;

(g) Whether the project reduces or promotes sprawl; and

(h) Other guidelines developed by the Smart Growth and Neighborhood Conservation Sub-Cabinet.

(4) Each agency shall, where appropriate, adopt regulations implementing §5-7A-02 and §5-7B of the State Finance and Procurement Article. Each agency shall identify opportunities to modify existing regulations to carry out the purposes of this policy and the 1992 Growth Act.

(5) State agencies and the State Clearinghouse for Intergovernmental Review and Coordination Process will, when possible, coordinate review of federal projects in relation to their location in Priority Funding Areas and to encourage compliance with the Federal Executive Order 12072-Federal Space Management, which directs federal agencies to locate facilities in urban areas.

(6) The Office of Planning and the Department of Transportation will adopt procedures for the review of transportation projects as provided in §5-7B-05 of the State Finance and Procurement Article and jointly determine compliance with that section, prior to the submission of a request for funding to the Board of Public Works.

(7) The Department of Business and Economic Development will consider the jurisdiction's comprehensive plan, the location of the site in relation to available sewer and water and other Priority Funding Areas when reviewing applications for a new Enterprise Zone.

F. Procedures for Annual Reports. The Office of Planning, with the assistance of all affected State agencies, will evaluate and report annually to the Governor, the General Assembly and the State Economic Growth, Resource Protection, and Planning Commission on the implementation of the Smart Growth Policy.

(1) Agencies will provide an annual report to the Office of Planning that should include the following:

(a) A description of projects/programs and costs of activities located in Priority Funding Areas;

(b) A description of projects/programs and costs of activities funded under the exceptions allowed in §5-7B-06 of the State Finance and Procurement Article;

(c) Projects submitted to the Board of Public Works for funding outside Priority Funding Areas under the extraordinary circumstances exception in accordance with §5-7B-05 of the State Finance and Procurement Article and the impact of these projects upon this policy;

(d) A list of programs and policies reviewed and changed to ensure compliance with the Policy; and

(e) A list of projects or programs approved and funded under §2 of Chapter 759 of the Acts of 1997.

G. The Smart Growth and Neighborhood Conservation Coordinating Subcommittee. Each State agency will identify a staff person responsible for the implementation of the Smart Growth Policy. This person will be empowered to make policy recommendations and changes to ensure that the Policy is implemented throughout the agency and reflected in all future actions. This person will also serve as a member of the Smart Growth and Neighborhood Conservation Coordinating Subcommittee.

(1) Members will consist of staff designated to participate in this Subcommittee by the Secretaries and Directors of the following agencies:

(a) Maryland Office of Planning;

(b) Housing and Community Development;

(c) Transportation;

(d) Environment;

(e) General Services;

(f) Aging;

(g) Human Resources;

(h) Crime Control and Prevention;

(i) Office of the Attorney General;

(j) Public School Construction;

(k) Education;

(l) Health and Mental Hygiene;

(m) Natural Resources;

(n) State Police;

(o) Juvenile Justice;

(p) Higher Education;

(q) Insurance;

(r) Budget and Management;

(s) Military Department;

(t) State Police;

(u) Labor, Licensing, and Regulation;

(v) Children, Youth, and Families;

(w) Public Safety and Correctional Services;

(x) Business and Economic Development;

(y) Office for Individuals with Disabilities;

(z) Forum for Rural Maryland;

(aa) Minority Affairs; and

(bb) Agriculture.

(2) The Subcommittee will be chaired by the Office of Planning and will meet at least quarterly. Membership may be revised to include additional units of government or reflect changes in State government.

(3) The Subcommittee will be staffed by the Office of Planning.

(4) The Subcommittee will:

(a) Develop a list of existing programs, projects and activities that will be used in Priority Funding Areas;

(b) Identify, develop and adopt methods and procedures that will coordinate these programs within targeted communities in Priority Funding Areas; and

(c) Undertake tasks as assigned by the Smart Growth and Neighborhood Conservation Sub-Cabinet.

H. This Executive Order is not intended to and may not be construed to confer any right, privilege or status on any private party cognizable by a court in any proceeding. No bond, note, debt, leasing, financing arrangement, or other debt obligation of any kind of the State, a State agency or a local jurisdiction may be deemed, held or otherwise considered to be unenforceable due to a failure to comply with the terms of this Executive Order.

Effective date: January 23, 1998 (25:4 Md. R. 207)