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Committee advances expedited bill removing photo requirement for leaf‑blower complaints
Summary
The Transportation and Environment Committee unanimously advanced Expedited Bill 3,025 to remove the photographic‑evidence requirement for enforcement of Montgomery County’s gas‑powered leaf blower ban; sponsors said the change protects landscaping workers and preserves enforcement while staff and several council members raised due‑process concerns.
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The Transportation and Environment Committee on Monday advanced Expedited Bill 3,025, which removes the county’s photographic‑evidence requirement for enforcing the July 1, 2025 gas‑powered leaf blower ban. Chair Glass said the change allows a single verified complaint to initiate enforcement proceedings and was introduced by the committee with Councilmember Al Bernoz as a co‑lead.
Ms. McCartney Green, who summarized the October 21 public hearing, said seven speakers testified and that the County Executive supported the change as “more effective and less intrusive.” She told the committee that council staff had reviewed DEP’s online complaint form and noted the attestation language is “very strong and clear, that this information will be used in court as evidence” to verify credibility even when a photo is not submitted.
Proponents framed the change as an equity and safety measure for landscaping workers. Chair Glass cited the Office of Legislative Oversight’s Racial Equity and Social Justice Statement, which references a 2011 study commissioned by the U.S. Hispanic Chamber of Commerce showing Latino‑owned businesses are overrepresented in landscaping nationally; Glass said similar local patterns informed the committee’s decision to remove the photo requirement so workers do not feel threatened by being photographed.
Opponents at the public hearing and some council members raised procedural concerns. McCartney Green and staff acknowledged resident and business worries about arbitrary enforcement of unverified complaints and whether due process would be preserved. Councilmember Balcom asked whether the DEP form would still allow photo uploads; staff replied that the current online form does not provide an option to upload photos. Balcom also warned that some recipients might pay fines rather than contest a citation in court.
The committee’s packet reiterated that the bill does not change DEP’s existing enforcement authority under chapter 31B. Staff said the DEP can still issue class A violations and pursue injunctive relief through the county attorney; the packet lists the first offense fine as $500, while the second‑offense amount was not specified clearly in the transcript.
Chair Glass called the vote after no amendments were offered; the motion passed unanimously.
The committee did not specify additional procedural steps in the work session. The council will post any revised language to the public record and the bill will proceed according to the council’s legislative schedule.
