Maryland 2022 Regular Session

Maryland House Bill HB1427 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	hb1427
6	6
7	7	HOUSE BILL 1427
8	8	L2 2lr3228
9	9	CF SB 557
10	10	By: Delegate Brooks
11	11	Introduced and read first time: February 17, 2022
12	12	Assigned to: Rules and Executive Nominations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Baltimore County – West Baltimore County Redevelopment Authority 2
19	19
20	20	FOR the purpose of authorizing Baltimore County to exercise powers to acquire, develop or 3
21	21	redevelop, and dispose of certain land or property located in West Baltimore County 4
22	22	for residential, commercial, or industrial purposes; authorizing the County 5
23	23	Executive and County Council of Baltimore County to establish, by law, the West 6
24	24	Baltimore County Redevelopment Authority and to delegate certain powers to the 7
25	25	Authority to acquire, develop, redevelop, or dispose of certain land or property 8
26	26	located in West Baltimore County for certain purposes; authorizing the Authority to 9
27	27	issue certain bonds and other evidences of indebtedness and authorizing the county 10
28	28	to guarantee these obligations; establishing certain penalties for violations of the 11
29	29	regulations of the Authority; and generally relating to the West Baltimore County 12
30	30	Redevelopment Authority. 13
31	31
32	32	BY adding to 14
33	33	Article – Economic Development 15
34	34	Section 12–801 through 12–815 to be under the new subtitle “Subtitle 8. Baltimore 16
35	35	County – West Baltimore County Redevelopment Authority” 17
36	36	Annotated Code of Maryland 18
37	37	(2018 Replacement Volume and 2021 Supplement) 19
38	38
39	39	Preamble 20
40	40
41	41	WHEREAS, There exist within Baltimore County a number of areas in need of 21
42	42	residential, commercial, or industrial development or redevelopment in furtherance of the 22
43	43	public interest; and 23
44	44
45	45	WHEREAS, Those areas include both areas that are considered slum or blighted 24
46	46	areas, and areas that are not subject to deteriorated or deteriorating conditions, but which 25
47	47	are in need of development or redevelopment for the public benefit; and 26
48	48	2 HOUSE BILL 1427
49	49
50	50
51	51	WHEREAS, In order to revitalize these areas of the county it is necessary that the 1
52	52	county be authorized to acquire, by any legal means, including by exercise of the power of 2
53	53	eminent domain, land or property for residential, commercial, or industrial development or 3
54	54	redevelopment, to develop or redevelop land or property for residential, commercial, or 4
55	55	industrial purposes, and to dispose of land or property for residential, commercial, or 5
56	56	industrial development or redevelopment under certain circumstances; and 6
57	57
58	58	WHEREAS, In order to revitalize these areas of the county it also is necessary that 7
59	59	the county have the power to establish a separate authority whose purpose will be to 8
60	60	facilitate land or property acquisition, development or redevelopment, and disposition for 9
61	61	residential, commercial, and industrial purposes in furtherance of the public interest; and 10
62	62
63	63	WHEREAS, In order to accomplish the purposes of this subtitle it is necessary to 11
64	64	authorize the county to delegate to such separate authority the authority to acquire, by any 12
65	65	legal means, including by exercise of the power of eminent domain, land or property for 13
66	66	residential, commercial, or industrial development or redevelopment, to develop or 14
67	67	redevelop land or property for residential, commercial, or industrial purposes, and to 15
68	68	dispose of land or property for residential, commercial, or industrial development or 16
69	69	redevelopment under certain circumstances; and 17
70	70
71	71	WHEREAS, The revitalization of areas within the county in need of residential, 18
72	72	commercial, or industrial development or redevelopment is an essential governmental 19
73	73	function, and is a public use which will confer a public benefit on the citizens of the county 20
74	74	by relieving conditions of unemployment, encouraging the increase of industry and 21
75	75	commerce and a balanced economy, assisting in the retention of existing industry and 22
76	76	commerce and in the attracting of new industry and commerce, promoting economic 23
77	77	development and growth, and generally promoting the health, welfare, and safety of the 24
78	78	residents of the county; and 25
79	79
80	80	WHEREAS, The exercise by the county or the authority which the county is 26
81	81	authorized to establish of the power of eminent domain in accordance with this subtitle in 27
82	82	order to provide an impetus which private enterprise cannot provide is hereby declared to 28
83	83	be for a public use; and 29
84	84
85	85	WHEREAS, The powers granted pursuant to this subtitle shall be regarded as 30
86	86	supplemental and additional to powers conferred by other laws, and may not be regarded 31
87	87	as in derogation of any powers now existing; and 32
88	88
89	89	WHEREAS, This subtitle is necessary for the revitalization of Baltimore County and 33
90	90	the public interest of its citizens and shall be liberally construed to effect its purpose; and 34
91	91
92	92	WHEREAS, The necessity in the public interest for the provisions hereinafter 35
93	93	enacted is hereby declared as a matter of legislative determination; now, therefore, 36
94	94
95	95	SECTION 1. BE IT ENACTED BY THE GENERAL ASS EMBLY OF MARYLAND, 37
96	96	That the Laws of Maryland read as follows: 38
97	97	HOUSE BILL 1427 3
98	98
99	99
100	100	Article – Economic Development 1
101	101
102	102	SUBTITLE 8. BALTIMORE COUNTY – WEST BALTIMORE COUNTY REDEVELOPMENT 2
103	103	AUTHORITY. 3
104	104
105	105	12–801. 4
106	106
107	107	(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
108	108	INDICATED. 6
109	109
110	110	(B) “AUTHORITY” MEANS THE WEST BALTIMORE COUNTY 7
111	111	REDEVELOPMENT AUTHORITY ESTABLISHED UNDER THIS SUBTITLE . 8
112	112
113	113	(C) “BOND” OR “BONDS” MEANS REVENUE BONDS OR NOTES, INCLUDING 9
114	114	BOND ANTICIPATION NO TES AND NOTES IN THE NATURE OF COMMERCIAL PAPER, 10
115	115	OR OTHER INSTRUMEN TS, CERTIFICATES, OR EVIDENCES OF OBLI GATION ISSUED 11
116	116	AND SOLD OR OFFERED FOR SALE BY THE REDE VELOPMENT AUTHORITY , 12
117	117	INCLUDING REFUNDING OBLIGATIONS. 13
118	118
119	119	(D) “COST” MEANS THE COST OR EX PENSE ASSOCIATED WIT H: 14
120	120
121	121	(1) ALL LAND, PROPERTY, RIGHTS, EASEMENTS, FRANCHISES, AND 15
122	122	LICENSES OR INTEREST S THEREIN DEEMED NEC ESSARY FOR ANY UNDER TAKING 16
123	123	AUTHORIZED BY THIS S UBTITLE; 17
124	124
125	125	(2) ALL LABOR , MATERIALS, MACHINERY, FURNISHINGS, AND 18
126	126	EQUIPMENT; 19
127	127
128	128	(3) FINANCING CHARGES ; 20
129	129
130	130	(4) ESTABLISHMENT OF RES ERVES; 21
131	131
132	132	(5) INTEREST PRIOR TO AND DURING CONSTRUCT ION AND FOR A 22
133	133	REASONABLE PERIOD AF TER COMPLETION OF CO NSTRUCTION; 23
134	134
135	135	(6) ENGINEERING , ARCHITECTURAL , AND LEGAL SERVICES ; 24
136	136
137	137	(7) PLANS, SPECIFICATIONS , SURVEYS, ESTIMATES OF COSTS A ND OF 25
138	138	REVENUES, AND OTHER EXPENSES N ECESSARY OR INCIDEN T TO DETERMINING THE 26
139	139	FEASIBILITY OR PRACT ICALITY OF ANY LAND OR PROPERTY ACQUISIT ION OR ANY 27
140	140	DEVELOPMENT OR REDEV ELOPMENT PROJECT ; 28
141	141
142	142	(8) ADMINISTRATIVE EXPEN SES; 29 4 HOUSE BILL 1427
143	143
144	144
145	145
146	146	(9) LETTERS OR LINES OF CREDIT, MUNICIPAL BOND INSUR ANCE, OR 1
147	147	ANY OTHER FORM OF FI NANCIAL GUARANTY OR SURETY ; 2
148	148
149	149	(10) WORKING CAPITAL ; AND 3
150	150
151	151	(11) OTHER EXPENSES AS MA Y BE NECESSARY OR IN CIDENTAL TO THE 4
152	152	ACQUISITION OF LAND OR PROPERTY , OR THE DEVELOPMENT O R REDEVELOPMENT , 5
153	153	INCLUDING THE COMPRE HENSIVE RENOVATION O R REHABILITATION , OF LAND OR 6
154	154	PROPERTY IN ACCORDANCE W ITH THIS SUBTITLE. 7
155	155
156	156	(E) “COUNTY” MEANS BALTIMORE COUNTY. 8
157	157
158	158	(F) “WEST BALTIMORE COUNTY” MEANS THE GEOGRAPHIC AREA OF 9
159	159	BALTIMORE COUNTY WITHIN THE BOU NDARY LINE OF LIBERTY ROAD IN THE 10
160	160	NORTH, BALTIMORE NATIONAL PIKE IN THE SOUTH, ROLLING ROAD IN THE WEST , 11
161	161	AND THE LINE BETWEEN BALTIMORE COUNTY AND BALTIMORE CITY IN THE EAST, 12
162	162	ALONG WITH ALL CONTI GUOUS PARCELS FOR ON E BLOCK, EXCEPT AT THE 13
163	163	BOUNDARY LINE BETWEE N BALTIMORE COUNTY AND BALTIMORE CITY. 14
164	164
165	165	12–802. 15
166	166
167	167	THIS SUBTITLE APPLIES ONLY IN BALTIMORE COUNTY. 16
168	168
169	169	12–803. 17
170	170
171	171	(A) IN ADDITION TO POWERS GRANTED BY LAW , THE COUNTY IS 18
172	172	AUTHORIZED , AS SPECIFIED BY LOCA L LAW: 19
173	173
174	174	(1) TO ACQUIRE, WITHIN THE BOUNDARY LINES OF WEST BALTIMORE 20
175	175	COUNTY, LAND AND PROPERTY OF EVERY KIND, AND ANY RIGHT , INTEREST, 21
176	176	FRANCHISE, EASEMENT, OR PRIVILEGE IN THE PROPERTY, BY PURCHASE , LEASE, 22
177	177	GIFT, CONDEMNATION , OR ANY OTHER LEGAL M EANS, FOR RESIDENTIAL , 23
178	178	COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR REDEVELOPME NT, INCLUDING 24
179	179	COMPREHENSIVE RENOVA TION OR REHABILITATI ON OF THE LAND O R PROPERTY; 25
180	180
181	181	(2) TO DEVELOP OR REDEVE LOP, INCLUDING THE COMPRE HENSIVE 26
182	182	RENOVATION OR REHABI LITATION OF, ANY LAND OR PROPERTY ACQUIRED BY ANY 27
183	183	OF THE METHODS DESCR IBED UNDER ITEM (1) OF THIS SUBSECTION ; AND 28
184	184
185	185	(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERW ISE DISPOSE OF 29
186	186	ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R THE LAND OR 30
187	187	PROPERTY HAS BEEN DE VELOPED, REDEVELOPED , ALTERED, OR IMPROVED AND 31 HOUSE BILL 1427 5
188	188
189	189
190	190	IRRESPECTIVE OF THE MANNER OR MEANS IN O R BY WHICH THE LAND OR PROPERTY 1
191	191	MAY HAVE BEEN ACQUIR ED, TO ANY PRIVATE , PUBLIC, OR QUASI–PUBLIC 2
192	192	CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, OR OTHER LEGAL ENTIT Y 3
193	193	FOR RESIDENTIAL , COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR 4
194	194	REDEVELOPMENT , INCLUDING COMPREHENS IVE RENOVATION OR RE HABILITATION 5
195	195	OF THE LAND OR PROPE RTY. 6
196	196
197	197	(B) LAND OR PROPERTY TAKEN BY THE COUNTY FOR ANY O F THE PURPOSES 7
198	198	DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E 8
199	199	EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER 9
200	200	THIS SECTION , OR BY ANY POWERS CON FERRED BY ADDITIONAL LAWS BY 10
201	201	EXERCISING THE POWER OF EMINENT DOMAIN , MAY NOT BE TAKEN WIT HOUT JUST 11
202	202	COMPENSATION , AS AGREED ON BETWEEN THE PARTIES OR AWARD ED BY A JURY, 12
203	203	BEING FIRST PAID OR TENDERED TO THE PART Y ENTITLED TO THAT 13
204	204	COMPENSATION . 14
205	205
206	206	(C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXERCIS E OF THE 15
207	207	POWER OF EMINENT DOM AIN, BY THE COUNTY FOR AN Y OF THE PURPOSES 16
208	208	DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E 17
209	209	EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER 18
210	210	THIS SECTION SHALL B E DEEMED TO BE NEEDED OR TAKEN FOR A PUBLI C USE OR A 19
211	211	PUBLIC BENEFIT . 20
212	212
213	213	(D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE 21
214	214	STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT , 22
215	215	THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE COUNTY BY 23
216	216	EXERCISE OF THE POWE R OF EMINENT DOMAIN WITHOUT THE PRIOR CO NSENT OF 24
217	217	THE GOVERNMENT OR AG ENCY THAT OWNS THE L AND OR PROPERTY . 25
218	218
219	219	12–804. 26
220	220
221	221	(A) THE COUNTY MAY ESTABL ISH, BY LAW, A BODY CORPORATE AND 27
222	222	POLITIC AND AN INSTR UMENTALITY OF THE CO UNTY TO BE KNOWN AS THE “WEST 28
223	223	BALTIMORE COUNTY REDEVELOPMENT AUTHORITY”. 29
224	224
225	225	(B) THE AUTHORITY SHALL BE CR EATED WHEN THE COUNT Y: 30
226	226
227	227	(1) ENACTS LOCAL LAWS PR OVIDING AND CONSTITU TING THE TERMS 31
228	228	OF THE CHARTER FOR T HE AUTHORITY; AND 32
229	229
230	230	(2) FILES THE CHARTER WI TH: 33
231	231
232	232	(I) THE STATE DEPARTMENT OF ASSESSMENTS AND 34 6 HOUSE BILL 1427
233	233
234	234
235	235	TAXATION; 1
236	236
237	237	(II) THE DEPARTMENT OF LEGISLATIVE SERVICES; AND 2
238	238
239	239	(III) THE SECRETARY OF STATE. 3
240	240
241	241	(C) ON THE ADVICE OF THE AUTHORITY MEMBERS DES CRIBED UNDER 4
242	242	SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION, THE COUNTY MAY: 5
243	243
244	244	(1) AMEND THE AUTHORITY’S CHARTER THROUGH LO CAL LAW IF THE 6
245	245	AMENDMENTS ARE FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND 7
246	246	TAXATION, THE DEPARTMENT OF LEGISLATIVE SERVICES, AND THE SECRETARY OF 8
247	247	STATE; 9
248	248
249	249	(2) ALTER THE STRUCTURE , ORGANIZATI ON, PROGRAM, POWERS, OR 10
250	250	ACTIVITY OF THE AUTHORITY, UNLESS THE ALTERATIO N WOULD IMPAIR THE 11
251	251	AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT THAT THE 12
252	252	AUTHORITY ENTERED INT O BEFORE THE ALTERAT ION; AND 13
253	253
254	254	(3) TERMINATE THE AUTHORITY, UNLESS THE TERMINA TION WOULD 14
255	255	IMPAIR THE AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT 15
256	256	THAT THE AUTHORITY ENTERED INT O BEFORE TERMINATION . 16
257	257
258	258	(D) THE AUTHORITY SHALL CONSI ST OF THE FOLLOWING MEMBERS: 17
259	259
260	260	(1) EACH MEMBER OF THE SENATE OF MARYLAND WHOSE 18
261	261	LEGISLATIVE DI STRICT INCLUDES A PO RTION OF WEST BALTIMORE COUNTY; 19
262	262
263	263	(2) ONE MEMBER OF THE HOUSE OF DELEGATES FROM EACH 20
264	264	LEGISLATIVE DISTRICT THAT INCLUDES A PORT ION OF WEST BALTIMORE COUNTY, 21
265	265	DESIGNATED BY THE SPEAKER OF THE HOUSE; 22
266	266
267	267	(3) EACH COUNCIL PERSON WHOSE DISTRI CT INCLUDES A PORTIO N 23
268	268	OF WEST BALTIMORE COUNTY; 24
269	269
270	270	(4) THE COUNTY ADMINISTR ATIVE OFFICER; 25
271	271
272	272	(5) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 26
273	273	BALTIMORE COUNTY; AND 27
274	274
275	275	(6) ELEVEN MEMBERS APPOI NTED BY THE COUNTY FROM A SLATE O F 28
276	276	INDIVIDUALS PREPARED BY THE AUTHORITY MEMBERS DES CRIBED UNDER ITEMS 29
277	277	(1) THROUGH (5) OF THIS SUBSECTION . 30 HOUSE BILL 1427 7
278	278
279	279
280	280
281	281	(E) THE SLATE OF INDIVIDU ALS DESCRIBED UNDER SUBSECTION(D)(6) OF 1
282	282	THIS SECTION SHALL B E DECIDED BY A MAJOR ITY VOTE OF THE AUTHORITY 2
283	283	MEMBERS DESCRIBED UN DER SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION. 3
284	284
285	285	12–805. 4
286	286
287	287	(A) SUBJECT TO § 12–804(D) OF THIS SUBTITLE , THE NUMBER , RESIDENCY 5
288	288	REQUIREMENTS , MEANS OF APPOINTMENT AND REMOVAL , QUALIFICATIONS , AND 6
289	289	TERMS OF OFFICE OF T HE MEMBERS OF THE AUTHORITY SHALL BE AS SPECIFIED 7
290	290	BY THE COUNTY AND BASED ON THE RECOMMENDATION O F THE AUTHORITY 8
291	291	MEMBERS DESCRIBED UN DER § 12–804(D)(1) THROUGH (5) OF THIS SUBTITLE. 9
292	292
293	293	(B) THE OFFICERS, EMPLOYEES, AND AGENTS OF THE AUTHORITY SHALL 10
294	294	BE APPOINTED AND REM OVED AS SPECIFIED BY LOCAL LAW. 11
295	295
296	296	(C) THE EXERCISE OF ALL POWE RS, AUTHORITY, RIGHTS, AND 12
297	297	OBLIGATIONS OF THE AUTHORITY SHALL BE AS SPECIFIED BY THIS SU BTITLE AND 13
298	298	LOCAL LAW. 14
299	299
300	300	(D) AN ACT OF THE AUTHORITY MAY NOT BE CHALLENGED ON THE BA SIS OF 15
301	301	THE ABSENCE OF QUALI FICATIONS OF A MEMBE R OF THE AUTHORITY IF THE 16
302	302	MEMBER: 17
303	303
304	304	(1) HAS BEEN APPOINTED B Y THE APPROPRIATE AU THORITY 18
305	305	DESIGNATED BY LOCAL LAW; AND 19
306	306
307	307	(2) HAS TAKEN THE OATH O F OFFICE. 20
308	308
309	309	12–806. 21
310	310
311	311	(A) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , THE 22
312	312	COUNTY IS AUTHORIZED , BY LAW, TO DELEGATE TO T HE AUTHORITY ANY OR ALL OF 23
313	313	THE POWERS GRANTED T O THE COUNTY UNDER § 12–803 OF THIS SUBTITLE. 24
314	314
315	315	(B) LAND OR PROPERTY TAKE N BY THE AUTHORITY IN ACCORDAN CE WITH 25
316	316	A DELEGATION OF AUTH ORITY FROM THE COUNT Y BY EXERCISE OF THE POWER OF 26
317	317	EMINENT DOMAIN MAY N OT BE TAKEN WITHOUT JUST COM PENSATION, AS AGREED 27
318	318	ON BETWEEN THE PARTI ES OR AWARDED BY A J URY, BEING FIRST PAID OR 28
319	319	TENDERED TO THE PART Y ENTITLED TO THAT C OMPENSATION . 29
320	320
321	321	(C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXER CISE OF THE 30
322	322	POWER OF EMINENT DOM AIN, BY THE AUTHORITY IN ACCORDAN CE WITH A 31 8 HOUSE BILL 1427
323	323
324	324
325	325	DELEGATION OF AUTHOR ITY FROM THE COUNTY SHALL BE DEEMED TO B E NEEDED 1
326	326	OR TAKEN FOR A PUBLI C USE OR A PUBLIC BE NEFIT. 2
327	327
328	328	(D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE 3
329	329	STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF T HE FEDERAL GOVERNMEN T, 4
330	330	THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE AUTHORITY 5
331	331	BY EXERCISE OF THE P OWER OF EMINENT DOMA IN WITHOUT THE PRIOR CONSENT 6
332	332	OF THE GOVERNMENT OR AGENCY OWNING THE LA ND OR PROPERTY . 7
333	333
334	334	(E) NOTWITHSTANDING THE D ELEGATION OF THE POWER OF EMIN ENT 8
335	335	DOMAIN BY THE COUNTY TO THE AUTHORITY, A DECISION OF THE AUTHORITY TO 9
336	336	TAKE OWNER –OCCUPIED RESIDENTIAL REAL PROPERTY SHALL BE FIRST APPROVED 10
337	337	BY THE COUNTY COUNCIL AFTER NOTICE TO THE PROPERTY OWNE R. 11
338	338
339	339	12–807. 12
340	340
341	341	(A) FOR THE PUBLIC PURPOSES DESCRIBED U NDER § 12–803 OF THIS 13
342	342	SUBTITLE AND SUBJECT TO LOCAL LAW AND THE PROVISIONS OF THIS S UBTITLE, 14
343	343	THE AUTHORITY MAY , WITHIN WEST BALTIMORE COUNTY: 15
344	344
345	345	(1) ACQUIRE, PURCHASE, OR OTHERWISE OBTAIN , HOLD, AND USE 16
346	346	ANY PROPERTY , REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY 17
347	347	INTEREST THEREIN ; 18
348	348
349	349	(2) LEASE AS A LESSEE AN Y PROPERTY, REAL, PERSONAL, OR MIXED, 19
350	350	TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN; 20
351	351
352	352	(3) LEASE AS LESSOR ANY PROPERTY, REAL, PERSONAL, OR MIXED, 21
353	353	TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, AT ANY TIME ACQUIRED BY 22
354	354	THE AUTHORITY; 23
355	355
356	356	(4) MORTGAGE OR OTHERWIS E PLEDGE OR ENCUMBER ANY 24
357	357	PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY 25
358	358	INTEREST THEREIN , OF THE AUTHORITY; AND 26
359	359
360	360	(5) SELL, TRANSFER, OR CONVEY ANY PROPERTY , REAL, PERSONAL, 27
361	361	OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, ACQUIRED BY 28
362	362	THE AUTHORITY AT ANY TIME . 29
363	363
364	364	(B) THE AUTHORITY MAY ACCEPT GRANTS FROM , MAKE LOANS TO , AND 30
365	365	ENTER INTO CONTRACTS WITH ANY FEDERAL , STATE, OR LOCAL AGENCY OR ANY 31
366	366	PRIVATE ENTITY OR PA RTY. 32
367	367	HOUSE BILL 1427 9
368	368
369	369
370	370	(C) THE AUTHORITY MAY ESTABLI SH, IMPOSE, AND COLLECT TOLLS , 1
371	371	RATES, RENTALS, FEES, AND CHARGES RELATING TO THE AUTHORITY’S 2
372	372	UNDERTAKINGS AND PRO PERTY. 3
373	373
374	374	(D) THE BUDGETARY AND FIN ANCIAL PROCEDURES OF THE AUTHORITY 4
375	375	SHALL BE ESTA BLISHED BY LOCAL LAW . 5
376	376
377	377	(E) NO PROVISIONS OF THE CHARTER OF THE COUNT Y OR OTHER LOCAL 6
378	378	LAW REGARDING THE DU TIES, POWERS, OR ORGANIZATION OF T HE AUTHORITY 7
379	379	APPLY TO THE AUTHORITY UNLESS THE COUNTY EXPRESSLY PRO VIDES BY LOCAL 8
380	380	LAW THAT THE CHARTER PROVISION OR OTHER LOCAL LAW APPL IES TO THE 9
381	381	AUTHORITY. 10
382	382
383	383	(F) SUBJECT TO PUBLIC GEN ERAL LAW AND LOCAL L AW, THE AUTHORITY 11
384	384	HAS ALL OTHER POWERS NECESSARY OR CONVENI ENT TO CARRY OUT THE 12
385	385	PURPOSES OF THE AUTHORITY. 13
386	386
387	387	12–808. 14
388	388
389	389	THE AUTHORITY MAY NOT BE DEEMED A MUNICIPAL C ORPORATION AS 15
390	390	DEFINED IN ARTICLE XI–E OF THE MARYLAND CONSTITUTION. 16
391	391
392	392	12–809. 17
393	393
394	394	(A) THE AUTHORITY MAY MAKE RU LES AND REGULATIONS FOR THE 18
395	395	OPERATION AND USE OF LAND, PROPERTY, AND UNDERTAKINGS UND ER THE 19
396	396	AUTHORITY’S JURISDICTION IN TH E MANNER PROVIDED BY LOCAL LAW. 20
397	397
398	398	(B) ANY VIOLATION OF THE RULES AND REGULATION S DULY ADOPTED BY 21
399	399	THE AUTHORITY IS A MISDEM EANOR AND IS PUNISHA BLE BY A FINE NOT TO EXCEED 22
400	400	$1,000 OR IMPRISONMENT FOR NOT MORE THAN 180 DAYS OR BOTH. 23
401	401
402	402	12–810. 24
403	403
404	404	(A) IN ORDER TO FINANCE O R REFINANCE, IN WHOLE OR IN PART, THE COST 25
405	405	OF ACQUISITION , DEVELOPMENT , OR REDEVELOPMENT , INCLUDING THE 26
406	406	COMPREHENSIVE RENOVA TION OR REHABILITATI ON, OF LAND OR PROPERTY FOR 27
407	407	RESIDENTIAL, COMMERCIAL , OR INDUSTRIAL PURPOS ES AND RELATED ACTIV ITIES 28
408	408	IN ACCORDANCE WITH T HIS SUBTITLE, THE AUTHORITY MAY ISSUE B ONDS. 29
409	409
410	410	(B) (1) THE BONDS: 30
411	411
412	412	(I) MAY NOT CONSTITUTE A DEBT OF THE COUNTY O R A PLEDGE 31 10 HOUSE BILL 1427
413	413
414	414
415	415	OF THE FAITH AND CRE DIT OF THE COUNTY , THE STATE, OR ANY POLITICAL 1
416	416	SUBDIVISION OF THE STATE; 2
417	417
418	418	(II) MAY NOT BE CONSIDERE D OBLIGATIONS OF TH E COUNTY 3
419	419	FOR PURPOSES OF ANY DEBT LIMITATION IMPO SED ON THE COUNTY UN DER ANY 4
420	420	CONSTITUTIONAL , STATUTORY, OR OTHER CHARTER PRO VISION; AND 5
421	421
422	422	(III) SHALL BE APPROVED BY THE GOVERNING BODY O F THE 6
423	423	COUNTY PRIOR TO THEI R ISSUANCE. 7
424	424
425	425	(2) THE BONDS, THE BORROWING WHICH THEY REPRESENT , AND THE 8
426	426	UNDERTAKING WHICH IS BEING FINANCED OR RE FINANCED ARE NOT SUB JECT TO 9
427	427	ANY REFERENDUM REQUI REMENTS OF THE CHART ER OF THE COUNTY . 10
428	428
429	429	(C) (1) THE BONDS MAY BE MADE PAYABLE AS TO PRINCI PAL, INTEREST, 11
430	430	AND REDEMPTION PREMI UM AS DETER MINED IN ACCORDANCE WITH LOCAL LAW , 12
431	431	INCLUDING FROM INCOM E, RECEIPTS, PROCEEDS, REVENUES, AND FUNDS OF THE 13
432	432	AUTHORITY DERIVED FRO M OR AVAILABLE OR TO BE AVAILABLE IN CONN ECTION 14
433	433	WITH ANY UNDERTAKING FOR THE ACCOMPLISHME NT OF THE PURPOSES A ND 15
434	434	OBJECTIVES MENTIO NED IN OR CONTEMPLAT ED BY THIS SUBTITLE , INCLUDING: 16
435	435
436	436	(I) THE PROCEEDS OF LOAN S, GRANTS, OR CONTRIBUTIONS 17
437	437	FROM THE UNITED STATES OF AMERICA, THE STATE OF MARYLAND, OR ANY 18
438	438	DEPARTMENT OR AGENCY THEREOF, ANY FUNDS OF THE COU NTY THAT MAY BE 19
439	439	LAWFULLY AVAILABL E, OR ANY OTHER SOURCE AND COMPENSATION PAI D FROM 20
440	440	APPROPRIATED FUNDS B Y THE COUNTY FOR LAN D OR PROPERTY RETAIN ED BY THE 21
441	441	COUNTY; OR 22
442	442
443	443	(II) ANY CONTRACT OR AGRE EMENT OR RIGHTS THER EUNDER 23
444	444	BETWEEN THE UNITED STATES, THE STATE OF MARYLAND, OR ANY DEPARTMENT 24
445	445	OR AGENCY THEREOF , OR ANY OTHER PUBLIC OR PRIVATE ENTITY OR INDIVIDUAL, 25
446	446	AND THE AUTHORITY WITH RESPEC T TO ANY UNDERTAKING S FOR THE 26
447	447	ACCOMPLISHMENT OF TH E PURPOSES AND OBJEC TIVES MENTIONED IN O R 27
448	448	CONTEMPLATED BY THE PROVISIONS OF THIS S UBTITLE. 28
449	449
450	450	(2) PAYMENT OF THE BONDS , AS TO PRINCIPAL , INTEREST, AND 29
451	451	REDEMPTION PREMIUM , MAY BE FURTHER SECUR ED BY A MORTGAGE OF ALL OR 30
452	452	ANY PART OF LAND , PROPERTY, OR DEVELOPMENT OR RE DEVELOPMENT PROJECTS , 31
453	453	TITLE TO WHICH IS IN THE AUTHORITY OR ANY OTHE R PUBLIC OR PRIVATE ENTITY 32
454	454	OR INDIVIDUAL, AS DETERMINED IN ACC ORDANCE WITH LOCAL L AW. 33
455	455
456	456	(D) BY RESOLUTION, THE AUTHORITY MAY DETERMI NE ALL MATTERS WITH 34
457	457	RESPECT TO THE ISSUA NCE, SALE, DELIVERY, AND PAYMENT OF AND F OR THE 35 HOUSE BILL 1427 11
458	458
459	459
460	460	BONDS, INCLUDING THE ISSUE DATE OR DATES , MATURITY OR MATURITIES, 1
461	461	INTEREST RATE OR RAT ES OR MANNER OF DETE RMINING INTEREST , TERMS, FORM 2
462	462	OR FORMS, DENOMINATION OR DENO MINATIONS, MANNER OF EXECUTION , PLACE 3
463	463	OR PLACES OF PAYMENT , SOURCE OR SOURCES OF PAYMENT, REDEMPTION , 4
464	464	REFUNDING, SALE PRICE, MANNER OF SALE , SECURITY, AND THE FORMS OF ANY 5
465	465	NECESSARY OR APPROPR IATE DOCUMENTS , INCLUDING TRUST INDE NTURES, 6
466	466	ESCROW AGREEMENTS , AND MORTGAGES . 7
467	467
468	468	(E) (1) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (B) OF THIS 8
469	469	SECTION AND TO THE E XTENT NOT INCONSISTE NT WITH ANY CONSTITU TIONAL OR 9
470	470	CHARTER PROVISION OR PUBLIC GENERAL LAW , ANY ISSUE OF BONDS M AY BE 10
471	471	GUARANTEED , IN WHOLE OR IN PART , AS TO PAYMENT OF PRI NCIPAL, INTEREST, OR 11
472	472	REDEMPTION PREMIUM , BY AND UPON THE FULL FAITH AND CREDIT OF THE 12
473	473	COUNTY. 13
474	474
475	475	(2) THE GUARANTEE OF THE COUNTY BY AND UPON THE FULL FAITH 14
476	476	AND CREDIT OF THE CO UNTY CONCERNING THE PAYMENT OF THE PRINC IPAL OF, OR 15
477	477	INTEREST OR REDEMPTI ON PREMIUM ON , ANY BONDS IS SUBJECT TO ANY 16
478	478	APPLICABLE REFERENDU M REQUIREMENTS OF TH E CHARTER OF THE COU NTY. 17
479	479
480	480	(F) THE BONDS, THE TRANSFER OF THE BONDS, THE INTEREST PAYABLE ON 18
481	481	THE BONDS, AND ANY INCOME DERIV ED FROM THE BONDS , INCLUDING ANY PROFIT 19
482	482	REALIZED IN THE SALE OR EXCHANGE OF THE B ONDS, SHALL BE EXEMPT AT A LL 20
483	483	TIMES FROM TAXATION BY THE STATE OR ANY COUNTY , MUNICIPAL CORPORATIO N, 21
484	484	OR PUBLIC AGENCY OF ANY K IND. 22
485	485
486	486	(G) THE BONDS ARE EXEMPT FROM THE PROVISIONS OF §§ 19–205 AND 23
487	487	19–206 OF THE LOCAL GOVERNMENT ARTICLE. 24
488	488
489	489	(H) (1) A PLEDGE BY THE AUTHORITY OF REVENUES AS SECURITY FOR 25
490	490	AN ISSUE OF BONDS SH ALL BE VALID AND BIN DING FROM THE TIME T HE PLEDGE IS 26
491	491	MADE. 27
492	492
493	493	(2) REVENUES PLEDGED BY T HE AUTHORITY ARE SUBJECT 28
494	494	IMMEDIATELY TO THE L IEN OF THE PLEDGE WI THOUT ANY PHYSICAL D ELIVERY OR 29
495	495	FURTHER ACT . 30
496	496
497	497	(3) THE LIEN OF ANY PLEDG E IS VALID AND BINDI NG AGAINST ANY 31
498	498	PERSON HAVING ANY CL AIM OF ANY KIND IN TORT, CONTRACT, OR OTHERWISE 32
499	499	AGAINST THE AUTHORITY, WHETHER OR NOT THE P ERSON HAS NOTICE OF THE 33
500	500	LIEN. 34
501	501
502	502	(4) NOTWITHSTANDING ANY P ROVISION OF PUBLIC G ENERAL OR 35 12 HOUSE BILL 1427
503	503
504	504
505	505	PUBLIC LOCAL LAW , PERFECTION AGAINST T HIRD PARTIES OF A LI EN OF A PLEDGE 1
506	506	BY THE AUTHORITY OF THE AUTHORITY’S REVENUES DOES NOT REQUIRE THE 2
507	507	FILING OR RECORDING OF A RESOLUTION , TRUST AGREEMENT , FINANCING 3
508	508	STATEMENT, CONTINUATION , OR OTHER STATEMENT O R INSTRUMENT ADOPTED OR 4
509	509	ENTERED INTO BY THE AUTHORITY IN ANY PUBL IC RECORD OTHER THAN THE 5
510	510	RECORDS OF THE AUTHORITY. 6
511	511
512	512	(I) (1) UNLESS THE BONDS ARE GUARANTEED BY AND UP ON THE FULL 7
513	513	FAITH AND CREDIT OF THE COUNTY AND ARE A PPROVED IN A REFEREN DUM BY THE 8
514	514	VOTERS OF THE COUNTY IN ACCORDANCE WITH S UBSECTION (E) OF THIS SECTION, 9
515	515	THE AUTHORITY MAY NOT ISS UE BONDS UNDE R THIS SECTION UNTIL AFTER THE 10
516	516	AUTHORITY HAS HELD A PUBLIC HEARING IN TH E COUNTY ON THE PROP OSED 11
517	517	BONDS. 12
518	518
519	519	(2) THE AUTHORITY SHALL NOTIF Y THE BALTIMORE COUNTY 13
520	520	DELEGATIONS OF THE HOUSE OF DELEGATES AND THE SENATE OF MARYLAND OF 14
521	521	A PROPOSED ISSUANCE OF BONDS AT LEAST 2 WEEKS BEFORE HOLDING THE PUBLIC 15
522	522	HEARING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION . 16
523	523
524	524	12–811. 17
525	525
526	526	AS SPECIFIED BY LOCAL LAW AND TO THE EXTEN T NOT INCONSISTENT W ITH 18
527	527	ANY CONSTITUTIONAL O R CHARTER PROVISION OR ANY PUBLIC GENERA L OR 19
528	528	PUBLIC LOCAL L AW, THE COUNTY MAY : 20
529	529
530	530	(1) ASSIGN, PLEDGE, GRANT, CONTRIBUTE , OR PROVIDE TO THE 21
531	531	REDEVELOPMENT AUTHOR ITY ANY TAXES, RATES, RENTALS, FEES, CHARGES, OR 22
532	532	OTHER FUNDS HELD OR RECEIVABLE BY THE CO UNTY FOR ANY PURPOSE , AND 23
533	533	ASSIGN, PLEDGE, LEASE, OR OTHERWISE CONVEY TO THE AUTHORITY, OR 24
534	534	ENCUMBER ANY LAND OR PROPERTY OWNED OR OT HERWISE HELD BY THE COUNTY, 25
535	535	INCLUDING AS ADDITIO NAL SECURITY FOR ANY BONDS OF THE AUTHORITY; AND 26
536	536
537	537	(2) (I) ADVANCE AMOUNTS TO T HE AUTHORITY FOR ANY PUR POSE, 27
538	538	INCLUDING PAYMENT OF PRELIMINARY EXPENDITURES REL ATING TO ANY 28
539	539	UNDERTAKINGS OF THE AUTHORITY OR FOR DEFI CIENCIES IN DEBT SER VICES 29
540	540	REQUIREMENTS ; AND 30
541	541
542	542	(II) PROVIDE FOR THE REPA YMENT OR FORGIVENESS OF THE 31
543	543	ADVANCES. 32
544	544
545	545	12–812. 33
546	546
547	547	NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE AND TO THE 34 HOUSE BILL 1427 13
548	548
549	549
550	550	EXTENT NOT INCONSIST ENT WITH ANY CONSTIT UTIONAL OR CHARTER P ROVISION 1
551	551	OR ANY PUBLIC GENERA L OR PUBLIC LOCAL LA W, THE AUTHORITY, AS PROVIDED 2
552	552	BY LOCAL LAW, MAY: 3
553	553
554	554	(1) RECEIVE AND APPLY TO THE AUTHORITY’S CORPORATE 4
555	555	PURPOSES AND UNDERTA KINGS ANY GRANTS , CONTRIBUTIONS, PLEDGES, LOANS, 5
556	556	OR OTHER AMOUNTS FRO M THE STATE, THE COUNTY, THE FEDERAL GOVERNME NT, 6
557	557	ANY OTHER GOVERNMENT AL UNIT, OR ANY PUBLIC OR PRI VATE ENTITY OR PARTY ; 7
558	558	AND 8
559	559
560	560	(2) TO THE EXTENT NOT IN CONSISTENT WITH ANY CONTRACT, 9
561	561	INSTRUMENT , OR LAW RELATIN G TO A GRANT, A CONTRIBUTION , A PLEDGE, A LOAN, 10
562	562	OR ANY OTHER AMOUNT , PLEDGE THE RECEIPTS AS SECURITY FOR ANY OF THE 11
563	563	AUTHORITY’S BONDS. 12
564	564
565	565	12–813. 13
566	566
567	567	(A) THE PROPERTY OWNED OR HELD BY AND THE REVE NUES OF THE 14
568	568	AUTHORITY ARE EXEMPT FROM TAXATION OF EVE RY KIND BY THE STATE OR ANY 15
569	569	COUNTY, MUNICIPAL CORPORATIO N, OR PUBLIC UNIT. 16
570	570
571	571	(B) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (A) OF THIS 17
572	572	SECTION, ON A REQUEST OF THE AUTHORITY, THE COUNTY , BY LOCAL LAW , MAY 18
573	573	PROVIDE FOR A NEGOTI ATED PAYMENT IN LIEU OF TAXES FOR PROPE RTY OWNED 19
574	574	OR HELD BY THE AUTHORITY. 20
575	575
576	576	12–814. 21
577	577
578	578	(A) THE NET EARNINGS OF T HE AUTHORITY, APART FROM THOSE 22
579	579	NECESSARY TO PAY DEB T SERVICE OR TO IMPL EMENT THE PURPOSES O F THIS 23
580	580	SUBTITLE, MAY NOT INURE TO THE BENEFIT OF ANY PERSO N OTHER THAN THE 24
581	581	COUNTY. 25
582	582
583	583	(B) ON TERMINATION OF THE AUTHORITY, ALL RIGHTS AND TITLE TO ALL 26
584	584	ASSETS OF THE AUTHORITY SHALL VEST IN, AND ALL OBLIGATIONS AND LIABILITIES 27
585	585	OF THE AUTHORITY MAY BE TRAN SFERRED TO AND ASSUM ED BY, THE COUNTY. 28
586	586
587	587	12–815. 29
588	588
589	589	NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 30
590	590	AUTHORITY SHALL COMPL Y WITH ALL APPLICABL E ZONING AND PLANNIN G 31
591	591	REQUIREMENTS . 32
592	592	14 HOUSE BILL 1427
593	593
594	594
595	595	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
596	596	October 1, 2022. 2
597	597