Montgomery County Council to Consider New Legislation on Minimum Wage, Data Centers, and Immigration Enforcement

The Montgomery County Council is scheduled to convene on Tuesday, January 20, 2026, to introduce several new legislative measures. These proposals address a range of issues including amendments to the county minimum wage reporting requirements, the potential establishment of a task force for data centers, and new guidance for interactions with U.S. Immigration and Customs Enforcement (ICE) on county property. The council will also hear a briefing on the Clarksburg Gateway Sector Plan.

In the legislative session, Council President Natali Fani-González will introduce Bill 1-26, which aims to amend the requirements for analyzing the actual impact of the county’s minimum wage on the local economy. This bill proposes to remove the mandate for the Office of Legislative Oversight (OLO) to produce an annual report on the subject. The impetus for this change stems from the discontinuation of county-level data collection by the U.S. Bureau of Economic Analysis for key indicators previously used in these reports. Furthermore, the duration and timing of a recent federal government shutdown impacted the availability of economic data needed to meet existing legislative reporting timelines. The county enacted legislation in 2017 that increased the minimum wage and established the annual OLO report. Bill 1-26 would remove the obligation for OLO to submit this report to the Council by January 31 each year, with a public hearing scheduled for February 24.

Another legislative item, Bill 2-26, introduced by Councilmembers Dawn Luedtke, Andrew Friedson, and Evan Glass, seeks to amend the Fuel-Energy Tax to provide the Montgomery County Green Bank with expanded capabilities. This bill would permit the Green Bank to utilize existing fuel-energy tax revenue to support climate resiliency and adaptation projects, in addition to its current financing of renewable energy and energy-efficiency initiatives. The proposed legislation is designed to be budget-neutral and will not introduce new taxes. It aims to enable the Green Bank to broaden its financial support for climate-focused projects across multi-family housing, businesses, nonprofits, and individual homeowners. A public hearing for Bill 2-26 is also scheduled for February 24.

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Councilmember Kristin Mink is set to introduce Bill 3-26, also known as the County Values Act. This legislation would require the County Executive to develop and publish guidelines for immigration enforcement actions occurring on county property and within county buildings. It would also necessitate that county departments adopt policies aligned with these executive guidelines and restrict access to certain areas for immigration enforcement, contingent on specific conditions. The bill’s stated purpose is to establish clear county law governing interactions with U.S. Immigration and Customs Enforcement (ICE) on county grounds, emphasizing the county’s commitment to equity, inclusivity, dignity, and justice, while aiming to foster community trust by delineating county services from federal immigration enforcement. Under Bill 3-26, all county facilities would need a judicial warrant for federal ICE entry into non-public areas, and clear signage prohibiting ICE access would be required, alongside staff training. The bill would also prohibit immigration enforcement activities in county parking lots, garages, and vacant lots, mandating that county staff report such activities and implement blockades where appropriate. A template for signage, for optional use by private businesses, would also be posted by the county.

A task force focused on data centers is proposed through Bill 4-26, introduced by Councilmember Evan Glass. This bill would establish a temporary task force to conduct a comprehensive review of the potential risks and benefits associated with data centers within the county. The task force is tasked with producing a report detailing the impacts of data centers and evaluating the feasibility of potential legislative, policy, or zoning changes. Key areas of review will include siting, environmental considerations, and emergency response protocols. The task force is expected to deliver its recommendations within one year, aiming to create a formal and transparent process for evaluating data center applications in response to growing concerns about their environmental and community impacts. A public hearing for Bill 4-26 is scheduled for February 24.

Additionally, Councilmember Will Jawando will introduce Bill 5-26, titled the Unmask ICE Act. This legislation would prohibit federal, state, and local law enforcement agencies from wearing masks or facial coverings while on duty within the county. The objective of this bill is to enhance community safety by ensuring residents can clearly identify law enforcement officers. The proposed prohibition would apply to all law enforcement operating in Montgomery County, with exceptions for public health emergencies and essential operational needs.

The Council is also expected to vote on Bill 24-25, which proposes the repeal of the Transportation Demand Management (TDM) program. This repeal aims to create a more adaptable and responsive framework for the county’s approach to TDM, better accommodating evolving transportation and development landscapes and improving accountability. The TDM program, established in 2006, currently involves fees and requirements for certain employers and new development projects. The current TDM fee is 10 cents per square foot, generating approximately $1 million annually to fund the program’s administration. The Transportation and Environment Committee has unanimously recommended enactment of Bill 24-25 with amendments, which include provisions for notification of the repeal, clarification of processes for modifying existing agreements, a clause preserving the Planning Board’s authority under the zoning ordinance, and a revised effective date of July 1, 2026.

In other matters, the Council will consider Zoning Text Amendment (ZTA) 26-01, which defines data centers as a commercial use subject to specific zoning requirements. This amendment would designate zones where data centers can be located as conditional uses and establish minimum location standards. Separately, the Council will introduce a resolution to add fees to the Office of Zoning and Administrative Hearings’ (OZAH) Comprehensive Fee Schedule. These fees would implement ZTA 24-01, which permits multi-unit and townhouse living on properties with religious assembly or educational institution uses, allowing for the processing of applications related to this provision.

Finally, the Council will receive a briefing on the Planning Board’s draft of the Clarksburg Gateway Sector Plan. This plan encompasses approximately 969 acres in northern Montgomery County and aims to foster a more complete, connected, and sustainable community. The recommendations focus on future development, transportation network enhancements, expanded recreational opportunities, progress towards county housing and economic goals, and environmental preservation. A public hearing on the Clarksburg Gateway Sector Plan is scheduled for January 21 at Rocky Hill Middle School in Clarksburg.

Article by Mel Anara, based upon information from Montgomery County Council Press Release

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