EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1427*
HOUSE BILL 1427
L2 2lr3228
CF SB 557
By: Delegate Brooks
Introduced and read first time: February 17, 2022
Assigned to: Rules and Executive Nominations
A BILL ENTITLED
AN ACT concerning 1
Baltimore County – West Baltimore County Redevelopment Authority 2
FOR the purpose of authorizing Baltimore County to exercise powers to acquire, develop or 3
redevelop, and dispose of certain land or property located in West Baltimore County 4
for residential, commercial, or industrial purposes; authorizing the County 5
Executive and County Council of Baltimore County to establish, by law, the West 6
Baltimore County Redevelopment Authority and to delegate certain powers to the 7
Authority to acquire, develop, redevelop, or dispose of certain land or property 8
located in West Baltimore County for certain purposes; authorizing the Authority to 9
issue certain bonds and other evidences of indebtedness and authorizing the county 10
to guarantee these obligations; establishing certain penalties for violations of the 11
regulations of the Authority; and generally relating to the West Baltimore County 12
Redevelopment Authority. 13
BY adding to 14
Article – Economic Development 15
Section 12–801 through 12–815 to be under the new subtitle “Subtitle 8. Baltimore 16
County – West Baltimore County Redevelopment Authority” 17
Annotated Code of Maryland 18
(2018 Replacement Volume and 2021 Supplement) 19
Preamble 20
WHEREAS, There exist within Baltimore County a number of areas in need of 21
residential, commercial, or industrial development or redevelopment in furtherance of the 22
public interest; and 23
WHEREAS, Those areas include both areas that are considered slum or blighted 24
areas, and areas that are not subject to deteriorated or deteriorating conditions, but which 25
are in need of development or redevelopment for the public benefit; and 26
2 HOUSE BILL 1427
WHEREAS, In order to revitalize these areas of the county it is necessary that the 1
county be authorized to acquire, by any legal means, including by exercise of the power of 2
eminent domain, land or property for residential, commercial, or industrial development or 3
redevelopment, to develop or redevelop land or property for residential, commercial, or 4
industrial purposes, and to dispose of land or property for residential, commercial, or 5
industrial development or redevelopment under certain circumstances; and 6
WHEREAS, In order to revitalize these areas of the county it also is necessary that 7
the county have the power to establish a separate authority whose purpose will be to 8
facilitate land or property acquisition, development or redevelopment, and disposition for 9
residential, commercial, and industrial purposes in furtherance of the public interest; and 10
WHEREAS, In order to accomplish the purposes of this subtitle it is necessary to 11
authorize the county to delegate to such separate authority the authority to acquire, by any 12
legal means, including by exercise of the power of eminent domain, land or property for 13
residential, commercial, or industrial development or redevelopment, to develop or 14
redevelop land or property for residential, commercial, or industrial purposes, and to 15
dispose of land or property for residential, commercial, or industrial development or 16
redevelopment under certain circumstances; and 17
WHEREAS, The revitalization of areas within the county in need of residential, 18
commercial, or industrial development or redevelopment is an essential governmental 19
function, and is a public use which will confer a public benefit on the citizens of the county 20
by relieving conditions of unemployment, encouraging the increase of industry and 21
commerce and a balanced economy, assisting in the retention of existing industry and 22
commerce and in the attracting of new industry and commerce, promoting economic 23
development and growth, and generally promoting the health, welfare, and safety of the 24
residents of the county; and 25
WHEREAS, The exercise by the county or the authority which the county is 26
authorized to establish of the power of eminent domain in accordance with this subtitle in 27
order to provide an impetus which private enterprise cannot provide is hereby declared to 28
be for a public use; and 29
WHEREAS, The powers granted pursuant to this subtitle shall be regarded as 30
supplemental and additional to powers conferred by other laws, and may not be regarded 31
as in derogation of any powers now existing; and 32
WHEREAS, This subtitle is necessary for the revitalization of Baltimore County and 33
the public interest of its citizens and shall be liberally construed to effect its purpose; and 34
WHEREAS, The necessity in the public interest for the provisions hereinafter 35
enacted is hereby declared as a matter of legislative determination; now, therefore, 36
SECTION 1. BE IT ENACTED BY THE GENERAL ASS EMBLY OF MARYLAND, 37
That the Laws of Maryland read as follows: 38
HOUSE BILL 1427 3
Article – Economic Development 1
SUBTITLE 8. BALTIMORE COUNTY – WEST BALTIMORE COUNTY REDEVELOPMENT 2
AUTHORITY. 3
12–801. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(B) “AUTHORITY” MEANS THE WEST BALTIMORE COUNTY 7
REDEVELOPMENT AUTHORITY ESTABLISHED UNDER THIS SUBTITLE . 8
(C) “BOND” OR “BONDS” MEANS REVENUE BONDS OR NOTES, INCLUDING 9
BOND ANTICIPATION NO TES AND NOTES IN THE NATURE OF COMMERCIAL PAPER, 10
OR OTHER INSTRUMEN TS, CERTIFICATES, OR EVIDENCES OF OBLI GATION ISSUED 11
AND SOLD OR OFFERED FOR SALE BY THE REDE VELOPMENT AUTHORITY , 12
INCLUDING REFUNDING OBLIGATIONS. 13
(D) “COST” MEANS THE COST OR EX PENSE ASSOCIATED WIT H: 14
(1) ALL LAND, PROPERTY, RIGHTS, EASEMENTS, FRANCHISES, AND 15
LICENSES OR INTEREST S THEREIN DEEMED NEC ESSARY FOR ANY UNDER TAKING 16
AUTHORIZED BY THIS S UBTITLE; 17
(2) ALL LABOR , MATERIALS, MACHINERY, FURNISHINGS, AND 18
EQUIPMENT; 19
(3) FINANCING CHARGES ; 20
(4) ESTABLISHMENT OF RES ERVES; 21
(5) INTEREST PRIOR TO AND DURING CONSTRUCT ION AND FOR A 22
REASONABLE PERIOD AF TER COMPLETION OF CO NSTRUCTION; 23
(6) ENGINEERING , ARCHITECTURAL , AND LEGAL SERVICES ; 24
(7) PLANS, SPECIFICATIONS , SURVEYS, ESTIMATES OF COSTS A ND OF 25
REVENUES, AND OTHER EXPENSES N ECESSARY OR INCIDEN T TO DETERMINING THE 26
FEASIBILITY OR PRACT ICALITY OF ANY LAND OR PROPERTY ACQUISIT ION OR ANY 27
DEVELOPMENT OR REDEV ELOPMENT PROJECT ; 28
(8) ADMINISTRATIVE EXPEN SES; 29 4 HOUSE BILL 1427
(9) LETTERS OR LINES OF CREDIT, MUNICIPAL BOND INSUR ANCE, OR 1
ANY OTHER FORM OF FI NANCIAL GUARANTY OR SURETY ; 2
(10) WORKING CAPITAL ; AND 3
(11) OTHER EXPENSES AS MA Y BE NECESSARY OR IN CIDENTAL TO THE 4
ACQUISITION OF LAND OR PROPERTY , OR THE DEVELOPMENT O R REDEVELOPMENT , 5
INCLUDING THE COMPRE HENSIVE RENOVATION O R REHABILITATION , OF LAND OR 6
PROPERTY IN ACCORDANCE W ITH THIS SUBTITLE. 7
(E) “COUNTY” MEANS BALTIMORE COUNTY. 8
(F) “WEST BALTIMORE COUNTY” MEANS THE GEOGRAPHIC AREA OF 9
BALTIMORE COUNTY WITHIN THE BOU NDARY LINE OF LIBERTY ROAD IN THE 10
NORTH, BALTIMORE NATIONAL PIKE IN THE SOUTH, ROLLING ROAD IN THE WEST , 11
AND THE LINE BETWEEN BALTIMORE COUNTY AND BALTIMORE CITY IN THE EAST, 12
ALONG WITH ALL CONTI GUOUS PARCELS FOR ON E BLOCK, EXCEPT AT THE 13
BOUNDARY LINE BETWEE N BALTIMORE COUNTY AND BALTIMORE CITY. 14
12–802. 15
THIS SUBTITLE APPLIES ONLY IN BALTIMORE COUNTY. 16
12–803. 17
(A) IN ADDITION TO POWERS GRANTED BY LAW , THE COUNTY IS 18
AUTHORIZED , AS SPECIFIED BY LOCA L LAW: 19
(1) TO ACQUIRE, WITHIN THE BOUNDARY LINES OF WEST BALTIMORE 20
COUNTY, LAND AND PROPERTY OF EVERY KIND, AND ANY RIGHT , INTEREST, 21
FRANCHISE, EASEMENT, OR PRIVILEGE IN THE PROPERTY, BY PURCHASE , LEASE, 22
GIFT, CONDEMNATION , OR ANY OTHER LEGAL M EANS, FOR RESIDENTIAL , 23
COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR REDEVELOPME NT, INCLUDING 24
COMPREHENSIVE RENOVA TION OR REHABILITATI ON OF THE LAND O R PROPERTY; 25
(2) TO DEVELOP OR REDEVE LOP, INCLUDING THE COMPRE HENSIVE 26
RENOVATION OR REHABI LITATION OF, ANY LAND OR PROPERTY ACQUIRED BY ANY 27
OF THE METHODS DESCR IBED UNDER ITEM (1) OF THIS SUBSECTION ; AND 28
(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERW ISE DISPOSE OF 29
ANY OF THE LAND OR P ROPERTY, REGARDLESS OF WHETHE R THE LAND OR 30
PROPERTY HAS BEEN DE VELOPED, REDEVELOPED , ALTERED, OR IMPROVED AND 31 HOUSE BILL 1427 5
IRRESPECTIVE OF THE MANNER OR MEANS IN O R BY WHICH THE LAND OR PROPERTY 1
MAY HAVE BEEN ACQUIR ED, TO ANY PRIVATE , PUBLIC, OR QUASI–PUBLIC 2
CORPORATION , PARTNERSHIP , ASSOCIATION, PERSON, OR OTHER LEGAL ENTIT Y 3
FOR RESIDENTIAL , COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR 4
REDEVELOPMENT , INCLUDING COMPREHENS IVE RENOVATION OR RE HABILITATION 5
OF THE LAND OR PROPE RTY. 6
(B) LAND OR PROPERTY TAKEN BY THE COUNTY FOR ANY O F THE PURPOSES 7
DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E 8
EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER 9
THIS SECTION , OR BY ANY POWERS CON FERRED BY ADDITIONAL LAWS BY 10
EXERCISING THE POWER OF EMINENT DOMAIN , MAY NOT BE TAKEN WIT HOUT JUST 11
COMPENSATION , AS AGREED ON BETWEEN THE PARTIES OR AWARD ED BY A JURY, 12
BEING FIRST PAID OR TENDERED TO THE PART Y ENTITLED TO THAT 13
COMPENSATION . 14
(C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXERCIS E OF THE 15
POWER OF EMINENT DOM AIN, BY THE COUNTY FOR AN Y OF THE PURPOSES 16
DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E 17
EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER 18
THIS SECTION SHALL B E DEEMED TO BE NEEDED OR TAKEN FOR A PUBLI C USE OR A 19
PUBLIC BENEFIT . 20
(D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE 21
STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT , 22
THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE COUNTY BY 23
EXERCISE OF THE POWE R OF EMINENT DOMAIN WITHOUT THE PRIOR CO NSENT OF 24
THE GOVERNMENT OR AG ENCY THAT OWNS THE L AND OR PROPERTY . 25
12–804. 26
(A) THE COUNTY MAY ESTABL ISH, BY LAW, A BODY CORPORATE AND 27
POLITIC AND AN INSTR UMENTALITY OF THE CO UNTY TO BE KNOWN AS THE “WEST 28
BALTIMORE COUNTY REDEVELOPMENT AUTHORITY”. 29
(B) THE AUTHORITY SHALL BE CR EATED WHEN THE COUNT Y: 30
(1) ENACTS LOCAL LAWS PR OVIDING AND CONSTITU TING THE TERMS 31
OF THE CHARTER FOR T HE AUTHORITY; AND 32
(2) FILES THE CHARTER WI TH: 33
(I) THE STATE DEPARTMENT OF ASSESSMENTS AND 34 6 HOUSE BILL 1427
TAXATION; 1
(II) THE DEPARTMENT OF LEGISLATIVE SERVICES; AND 2
(III) THE SECRETARY OF STATE. 3
(C) ON THE ADVICE OF THE AUTHORITY MEMBERS DES CRIBED UNDER 4
SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION, THE COUNTY MAY: 5
(1) AMEND THE AUTHORITY’S CHARTER THROUGH LO CAL LAW IF THE 6
AMENDMENTS ARE FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND 7
TAXATION, THE DEPARTMENT OF LEGISLATIVE SERVICES, AND THE SECRETARY OF 8
STATE; 9
(2) ALTER THE STRUCTURE , ORGANIZATI ON, PROGRAM, POWERS, OR 10
ACTIVITY OF THE AUTHORITY, UNLESS THE ALTERATIO N WOULD IMPAIR THE 11
AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT THAT THE 12
AUTHORITY ENTERED INT O BEFORE THE ALTERAT ION; AND 13
(3) TERMINATE THE AUTHORITY, UNLESS THE TERMINA TION WOULD 14
IMPAIR THE AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT 15
THAT THE AUTHORITY ENTERED INT O BEFORE TERMINATION . 16
(D) THE AUTHORITY SHALL CONSI ST OF THE FOLLOWING MEMBERS: 17
(1) EACH MEMBER OF THE SENATE OF MARYLAND WHOSE 18
LEGISLATIVE DI STRICT INCLUDES A PO RTION OF WEST BALTIMORE COUNTY; 19
(2) ONE MEMBER OF THE HOUSE OF DELEGATES FROM EACH 20
LEGISLATIVE DISTRICT THAT INCLUDES A PORT ION OF WEST BALTIMORE COUNTY, 21
DESIGNATED BY THE SPEAKER OF THE HOUSE; 22
(3) EACH COUNCIL PERSON WHOSE DISTRI CT INCLUDES A PORTIO N 23
OF WEST BALTIMORE COUNTY; 24
(4) THE COUNTY ADMINISTR ATIVE OFFICER; 25
(5) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF 26
BALTIMORE COUNTY; AND 27
(6) ELEVEN MEMBERS APPOI NTED BY THE COUNTY FROM A SLATE O F 28
INDIVIDUALS PREPARED BY THE AUTHORITY MEMBERS DES CRIBED UNDER ITEMS 29
(1) THROUGH (5) OF THIS SUBSECTION . 30 HOUSE BILL 1427 7
(E) THE SLATE OF INDIVIDU ALS DESCRIBED UNDER SUBSECTION(D)(6) OF 1
THIS SECTION SHALL B E DECIDED BY A MAJOR ITY VOTE OF THE AUTHORITY 2
MEMBERS DESCRIBED UN DER SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION. 3
12–805. 4
(A) SUBJECT TO § 12–804(D) OF THIS SUBTITLE , THE NUMBER , RESIDENCY 5
REQUIREMENTS , MEANS OF APPOINTMENT AND REMOVAL , QUALIFICATIONS , AND 6
TERMS OF OFFICE OF T HE MEMBERS OF THE AUTHORITY SHALL BE AS SPECIFIED 7
BY THE COUNTY AND BASED ON THE RECOMMENDATION O F THE AUTHORITY 8
MEMBERS DESCRIBED UN DER § 12–804(D)(1) THROUGH (5) OF THIS SUBTITLE. 9
(B) THE OFFICERS, EMPLOYEES, AND AGENTS OF THE AUTHORITY SHALL 10
BE APPOINTED AND REM OVED AS SPECIFIED BY LOCAL LAW. 11
(C) THE EXERCISE OF ALL POWE RS, AUTHORITY, RIGHTS, AND 12
OBLIGATIONS OF THE AUTHORITY SHALL BE AS SPECIFIED BY THIS SU BTITLE AND 13
LOCAL LAW. 14
(D) AN ACT OF THE AUTHORITY MAY NOT BE CHALLENGED ON THE BA SIS OF 15
THE ABSENCE OF QUALI FICATIONS OF A MEMBE R OF THE AUTHORITY IF THE 16
MEMBER: 17
(1) HAS BEEN APPOINTED B Y THE APPROPRIATE AU THORITY 18
DESIGNATED BY LOCAL LAW; AND 19
(2) HAS TAKEN THE OATH O F OFFICE. 20
12–806. 21
(A) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION , THE 22
COUNTY IS AUTHORIZED , BY LAW, TO DELEGATE TO T HE AUTHORITY ANY OR ALL OF 23
THE POWERS GRANTED T O THE COUNTY UNDER § 12–803 OF THIS SUBTITLE. 24
(B) LAND OR PROPERTY TAKE N BY THE AUTHORITY IN ACCORDAN CE WITH 25
A DELEGATION OF AUTH ORITY FROM THE COUNT Y BY EXERCISE OF THE POWER OF 26
EMINENT DOMAIN MAY N OT BE TAKEN WITHOUT JUST COM PENSATION, AS AGREED 27
ON BETWEEN THE PARTI ES OR AWARDED BY A J URY, BEING FIRST PAID OR 28
TENDERED TO THE PART Y ENTITLED TO THAT C OMPENSATION . 29
(C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXER CISE OF THE 30
POWER OF EMINENT DOM AIN, BY THE AUTHORITY IN ACCORDAN CE WITH A 31 8 HOUSE BILL 1427
DELEGATION OF AUTHOR ITY FROM THE COUNTY SHALL BE DEEMED TO B E NEEDED 1
OR TAKEN FOR A PUBLI C USE OR A PUBLIC BE NEFIT. 2
(D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE 3
STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF T HE FEDERAL GOVERNMEN T, 4
THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE AUTHORITY 5
BY EXERCISE OF THE P OWER OF EMINENT DOMA IN WITHOUT THE PRIOR CONSENT 6
OF THE GOVERNMENT OR AGENCY OWNING THE LA ND OR PROPERTY . 7
(E) NOTWITHSTANDING THE D ELEGATION OF THE POWER OF EMIN ENT 8
DOMAIN BY THE COUNTY TO THE AUTHORITY, A DECISION OF THE AUTHORITY TO 9
TAKE OWNER –OCCUPIED RESIDENTIAL REAL PROPERTY SHALL BE FIRST APPROVED 10
BY THE COUNTY COUNCIL AFTER NOTICE TO THE PROPERTY OWNE R. 11
12–807. 12
(A) FOR THE PUBLIC PURPOSES DESCRIBED U NDER § 12–803 OF THIS 13
SUBTITLE AND SUBJECT TO LOCAL LAW AND THE PROVISIONS OF THIS S UBTITLE, 14
THE AUTHORITY MAY , WITHIN WEST BALTIMORE COUNTY: 15
(1) ACQUIRE, PURCHASE, OR OTHERWISE OBTAIN , HOLD, AND USE 16
ANY PROPERTY , REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY 17
INTEREST THEREIN ; 18
(2) LEASE AS A LESSEE AN Y PROPERTY, REAL, PERSONAL, OR MIXED, 19
TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN; 20
(3) LEASE AS LESSOR ANY PROPERTY, REAL, PERSONAL, OR MIXED, 21
TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, AT ANY TIME ACQUIRED BY 22
THE AUTHORITY; 23
(4) MORTGAGE OR OTHERWIS E PLEDGE OR ENCUMBER ANY 24
PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY 25
INTEREST THEREIN , OF THE AUTHORITY; AND 26
(5) SELL, TRANSFER, OR CONVEY ANY PROPERTY , REAL, PERSONAL, 27
OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, ACQUIRED BY 28
THE AUTHORITY AT ANY TIME . 29
(B) THE AUTHORITY MAY ACCEPT GRANTS FROM , MAKE LOANS TO , AND 30
ENTER INTO CONTRACTS WITH ANY FEDERAL , STATE, OR LOCAL AGENCY OR ANY 31
PRIVATE ENTITY OR PA RTY. 32
HOUSE BILL 1427 9
(C) THE AUTHORITY MAY ESTABLI SH, IMPOSE, AND COLLECT TOLLS , 1
RATES, RENTALS, FEES, AND CHARGES RELATING TO THE AUTHORITY’S 2
UNDERTAKINGS AND PRO PERTY. 3
(D) THE BUDGETARY AND FIN ANCIAL PROCEDURES OF THE AUTHORITY 4
SHALL BE ESTA BLISHED BY LOCAL LAW . 5
(E) NO PROVISIONS OF THE CHARTER OF THE COUNT Y OR OTHER LOCAL 6
LAW REGARDING THE DU TIES, POWERS, OR ORGANIZATION OF T HE AUTHORITY 7
APPLY TO THE AUTHORITY UNLESS THE COUNTY EXPRESSLY PRO VIDES BY LOCAL 8
LAW THAT THE CHARTER PROVISION OR OTHER LOCAL LAW APPL IES TO THE 9
AUTHORITY. 10
(F) SUBJECT TO PUBLIC GEN ERAL LAW AND LOCAL L AW, THE AUTHORITY 11
HAS ALL OTHER POWERS NECESSARY OR CONVENI ENT TO CARRY OUT THE 12
PURPOSES OF THE AUTHORITY. 13
12–808. 14
THE AUTHORITY MAY NOT BE DEEMED A MUNICIPAL C ORPORATION AS 15
DEFINED IN ARTICLE XI–E OF THE MARYLAND CONSTITUTION. 16
12–809. 17
(A) THE AUTHORITY MAY MAKE RU LES AND REGULATIONS FOR THE 18
OPERATION AND USE OF LAND, PROPERTY, AND UNDERTAKINGS UND ER THE 19
AUTHORITY’S JURISDICTION IN TH E MANNER PROVIDED BY LOCAL LAW. 20
(B) ANY VIOLATION OF THE RULES AND REGULATION S DULY ADOPTED BY 21
THE AUTHORITY IS A MISDEM EANOR AND IS PUNISHA BLE BY A FINE NOT TO EXCEED 22
$1,000 OR IMPRISONMENT FOR NOT MORE THAN 180 DAYS OR BOTH. 23
12–810. 24
(A) IN ORDER TO FINANCE O R REFINANCE, IN WHOLE OR IN PART, THE COST 25
OF ACQUISITION , DEVELOPMENT , OR REDEVELOPMENT , INCLUDING THE 26
COMPREHENSIVE RENOVA TION OR REHABILITATI ON, OF LAND OR PROPERTY FOR 27
RESIDENTIAL, COMMERCIAL , OR INDUSTRIAL PURPOS ES AND RELATED ACTIV ITIES 28
IN ACCORDANCE WITH T HIS SUBTITLE, THE AUTHORITY MAY ISSUE B ONDS. 29
(B) (1) THE BONDS: 30
(I) MAY NOT CONSTITUTE A DEBT OF THE COUNTY O R A PLEDGE 31 10 HOUSE BILL 1427
OF THE FAITH AND CRE DIT OF THE COUNTY , THE STATE, OR ANY POLITICAL 1
SUBDIVISION OF THE STATE; 2
(II) MAY NOT BE CONSIDERE D OBLIGATIONS OF TH E COUNTY 3
FOR PURPOSES OF ANY DEBT LIMITATION IMPO SED ON THE COUNTY UN DER ANY 4
CONSTITUTIONAL , STATUTORY, OR OTHER CHARTER PRO VISION; AND 5
(III) SHALL BE APPROVED BY THE GOVERNING BODY O F THE 6
COUNTY PRIOR TO THEI R ISSUANCE. 7
(2) THE BONDS, THE BORROWING WHICH THEY REPRESENT , AND THE 8
UNDERTAKING WHICH IS BEING FINANCED OR RE FINANCED ARE NOT SUB JECT TO 9
ANY REFERENDUM REQUI REMENTS OF THE CHART ER OF THE COUNTY . 10
(C) (1) THE BONDS MAY BE MADE PAYABLE AS TO PRINCI PAL, INTEREST, 11
AND REDEMPTION PREMI UM AS DETER MINED IN ACCORDANCE WITH LOCAL LAW , 12
INCLUDING FROM INCOM E, RECEIPTS, PROCEEDS, REVENUES, AND FUNDS OF THE 13
AUTHORITY DERIVED FRO M OR AVAILABLE OR TO BE AVAILABLE IN CONN ECTION 14
WITH ANY UNDERTAKING FOR THE ACCOMPLISHME NT OF THE PURPOSES A ND 15
OBJECTIVES MENTIO NED IN OR CONTEMPLAT ED BY THIS SUBTITLE , INCLUDING: 16
(I) THE PROCEEDS OF LOAN S, GRANTS, OR CONTRIBUTIONS 17
FROM THE UNITED STATES OF AMERICA, THE STATE OF MARYLAND, OR ANY 18
DEPARTMENT OR AGENCY THEREOF, ANY FUNDS OF THE COU NTY THAT MAY BE 19
LAWFULLY AVAILABL E, OR ANY OTHER SOURCE AND COMPENSATION PAI D FROM 20
APPROPRIATED FUNDS B Y THE COUNTY FOR LAN D OR PROPERTY RETAIN ED BY THE 21
COUNTY; OR 22
(II) ANY CONTRACT OR AGRE EMENT OR RIGHTS THER EUNDER 23
BETWEEN THE UNITED STATES, THE STATE OF MARYLAND, OR ANY DEPARTMENT 24
OR AGENCY THEREOF , OR ANY OTHER PUBLIC OR PRIVATE ENTITY OR INDIVIDUAL, 25
AND THE AUTHORITY WITH RESPEC T TO ANY UNDERTAKING S FOR THE 26
ACCOMPLISHMENT OF TH E PURPOSES AND OBJEC TIVES MENTIONED IN O R 27
CONTEMPLATED BY THE PROVISIONS OF THIS S UBTITLE. 28
(2) PAYMENT OF THE BONDS , AS TO PRINCIPAL , INTEREST, AND 29
REDEMPTION PREMIUM , MAY BE FURTHER SECUR ED BY A MORTGAGE OF ALL OR 30
ANY PART OF LAND , PROPERTY, OR DEVELOPMENT OR RE DEVELOPMENT PROJECTS , 31
TITLE TO WHICH IS IN THE AUTHORITY OR ANY OTHE R PUBLIC OR PRIVATE ENTITY 32
OR INDIVIDUAL, AS DETERMINED IN ACC ORDANCE WITH LOCAL L AW. 33
(D) BY RESOLUTION, THE AUTHORITY MAY DETERMI NE ALL MATTERS WITH 34
RESPECT TO THE ISSUA NCE, SALE, DELIVERY, AND PAYMENT OF AND F OR THE 35 HOUSE BILL 1427 11
BONDS, INCLUDING THE ISSUE DATE OR DATES , MATURITY OR MATURITIES, 1
INTEREST RATE OR RAT ES OR MANNER OF DETE RMINING INTEREST , TERMS, FORM 2
OR FORMS, DENOMINATION OR DENO MINATIONS, MANNER OF EXECUTION , PLACE 3
OR PLACES OF PAYMENT , SOURCE OR SOURCES OF PAYMENT, REDEMPTION , 4
REFUNDING, SALE PRICE, MANNER OF SALE , SECURITY, AND THE FORMS OF ANY 5
NECESSARY OR APPROPR IATE DOCUMENTS , INCLUDING TRUST INDE NTURES, 6
ESCROW AGREEMENTS , AND MORTGAGES . 7
(E) (1) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (B) OF THIS 8
SECTION AND TO THE E XTENT NOT INCONSISTE NT WITH ANY CONSTITU TIONAL OR 9
CHARTER PROVISION OR PUBLIC GENERAL LAW , ANY ISSUE OF BONDS M AY BE 10
GUARANTEED , IN WHOLE OR IN PART , AS TO PAYMENT OF PRI NCIPAL, INTEREST, OR 11
REDEMPTION PREMIUM , BY AND UPON THE FULL FAITH AND CREDIT OF THE 12
COUNTY. 13
(2) THE GUARANTEE OF THE COUNTY BY AND UPON THE FULL FAITH 14
AND CREDIT OF THE CO UNTY CONCERNING THE PAYMENT OF THE PRINC IPAL OF, OR 15
INTEREST OR REDEMPTI ON PREMIUM ON , ANY BONDS IS SUBJECT TO ANY 16
APPLICABLE REFERENDU M REQUIREMENTS OF TH E CHARTER OF THE COU NTY. 17
(F) THE BONDS, THE TRANSFER OF THE BONDS, THE INTEREST PAYABLE ON 18
THE BONDS, AND ANY INCOME DERIV ED FROM THE BONDS , INCLUDING ANY PROFIT 19
REALIZED IN THE SALE OR EXCHANGE OF THE B ONDS, SHALL BE EXEMPT AT A LL 20
TIMES FROM TAXATION BY THE STATE OR ANY COUNTY , MUNICIPAL CORPORATIO N, 21
OR PUBLIC AGENCY OF ANY K IND. 22
(G) THE BONDS ARE EXEMPT FROM THE PROVISIONS OF §§ 19–205 AND 23
19–206 OF THE LOCAL GOVERNMENT ARTICLE. 24
(H) (1) A PLEDGE BY THE AUTHORITY OF REVENUES AS SECURITY FOR 25
AN ISSUE OF BONDS SH ALL BE VALID AND BIN DING FROM THE TIME T HE PLEDGE IS 26
MADE. 27
(2) REVENUES PLEDGED BY T HE AUTHORITY ARE SUBJECT 28
IMMEDIATELY TO THE L IEN OF THE PLEDGE WI THOUT ANY PHYSICAL D ELIVERY OR 29
FURTHER ACT . 30
(3) THE LIEN OF ANY PLEDG E IS VALID AND BINDI NG AGAINST ANY 31
PERSON HAVING ANY CL AIM OF ANY KIND IN TORT, CONTRACT, OR OTHERWISE 32
AGAINST THE AUTHORITY, WHETHER OR NOT THE P ERSON HAS NOTICE OF THE 33
LIEN. 34
(4) NOTWITHSTANDING ANY P ROVISION OF PUBLIC G ENERAL OR 35 12 HOUSE BILL 1427
PUBLIC LOCAL LAW , PERFECTION AGAINST T HIRD PARTIES OF A LI EN OF A PLEDGE 1
BY THE AUTHORITY OF THE AUTHORITY’S REVENUES DOES NOT REQUIRE THE 2
FILING OR RECORDING OF A RESOLUTION , TRUST AGREEMENT , FINANCING 3
STATEMENT, CONTINUATION , OR OTHER STATEMENT O R INSTRUMENT ADOPTED OR 4
ENTERED INTO BY THE AUTHORITY IN ANY PUBL IC RECORD OTHER THAN THE 5
RECORDS OF THE AUTHORITY. 6
(I) (1) UNLESS THE BONDS ARE GUARANTEED BY AND UP ON THE FULL 7
FAITH AND CREDIT OF THE COUNTY AND ARE A PPROVED IN A REFEREN DUM BY THE 8
VOTERS OF THE COUNTY IN ACCORDANCE WITH S UBSECTION (E) OF THIS SECTION, 9
THE AUTHORITY MAY NOT ISS UE BONDS UNDE R THIS SECTION UNTIL AFTER THE 10
AUTHORITY HAS HELD A PUBLIC HEARING IN TH E COUNTY ON THE PROP OSED 11
BONDS. 12
(2) THE AUTHORITY SHALL NOTIF Y THE BALTIMORE COUNTY 13
DELEGATIONS OF THE HOUSE OF DELEGATES AND THE SENATE OF MARYLAND OF 14
A PROPOSED ISSUANCE OF BONDS AT LEAST 2 WEEKS BEFORE HOLDING THE PUBLIC 15
HEARING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION . 16
12–811. 17
AS SPECIFIED BY LOCAL LAW AND TO THE EXTEN T NOT INCONSISTENT W ITH 18
ANY CONSTITUTIONAL O R CHARTER PROVISION OR ANY PUBLIC GENERA L OR 19
PUBLIC LOCAL L AW, THE COUNTY MAY : 20
(1) ASSIGN, PLEDGE, GRANT, CONTRIBUTE , OR PROVIDE TO THE 21
REDEVELOPMENT AUTHOR ITY ANY TAXES, RATES, RENTALS, FEES, CHARGES, OR 22
OTHER FUNDS HELD OR RECEIVABLE BY THE CO UNTY FOR ANY PURPOSE , AND 23
ASSIGN, PLEDGE, LEASE, OR OTHERWISE CONVEY TO THE AUTHORITY, OR 24
ENCUMBER ANY LAND OR PROPERTY OWNED OR OT HERWISE HELD BY THE COUNTY, 25
INCLUDING AS ADDITIO NAL SECURITY FOR ANY BONDS OF THE AUTHORITY; AND 26
(2) (I) ADVANCE AMOUNTS TO T HE AUTHORITY FOR ANY PUR POSE, 27
INCLUDING PAYMENT OF PRELIMINARY EXPENDITURES REL ATING TO ANY 28
UNDERTAKINGS OF THE AUTHORITY OR FOR DEFI CIENCIES IN DEBT SER VICES 29
REQUIREMENTS ; AND 30
(II) PROVIDE FOR THE REPA YMENT OR FORGIVENESS OF THE 31
ADVANCES. 32
12–812. 33
NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE AND TO THE 34 HOUSE BILL 1427 13
EXTENT NOT INCONSIST ENT WITH ANY CONSTIT UTIONAL OR CHARTER P ROVISION 1
OR ANY PUBLIC GENERA L OR PUBLIC LOCAL LA W, THE AUTHORITY, AS PROVIDED 2
BY LOCAL LAW, MAY: 3
(1) RECEIVE AND APPLY TO THE AUTHORITY’S CORPORATE 4
PURPOSES AND UNDERTA KINGS ANY GRANTS , CONTRIBUTIONS, PLEDGES, LOANS, 5
OR OTHER AMOUNTS FRO M THE STATE, THE COUNTY, THE FEDERAL GOVERNME NT, 6
ANY OTHER GOVERNMENT AL UNIT, OR ANY PUBLIC OR PRI VATE ENTITY OR PARTY ; 7
AND 8
(2) TO THE EXTENT NOT IN CONSISTENT WITH ANY CONTRACT, 9
INSTRUMENT , OR LAW RELATIN G TO A GRANT, A CONTRIBUTION , A PLEDGE, A LOAN, 10
OR ANY OTHER AMOUNT , PLEDGE THE RECEIPTS AS SECURITY FOR ANY OF THE 11
AUTHORITY’S BONDS. 12
12–813. 13
(A) THE PROPERTY OWNED OR HELD BY AND THE REVE NUES OF THE 14
AUTHORITY ARE EXEMPT FROM TAXATION OF EVE RY KIND BY THE STATE OR ANY 15
COUNTY, MUNICIPAL CORPORATIO N, OR PUBLIC UNIT. 16
(B) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (A) OF THIS 17
SECTION, ON A REQUEST OF THE AUTHORITY, THE COUNTY , BY LOCAL LAW , MAY 18
PROVIDE FOR A NEGOTI ATED PAYMENT IN LIEU OF TAXES FOR PROPE RTY OWNED 19
OR HELD BY THE AUTHORITY. 20
12–814. 21
(A) THE NET EARNINGS OF T HE AUTHORITY, APART FROM THOSE 22
NECESSARY TO PAY DEB T SERVICE OR TO IMPL EMENT THE PURPOSES O F THIS 23
SUBTITLE, MAY NOT INURE TO THE BENEFIT OF ANY PERSO N OTHER THAN THE 24
COUNTY. 25
(B) ON TERMINATION OF THE AUTHORITY, ALL RIGHTS AND TITLE TO ALL 26
ASSETS OF THE AUTHORITY SHALL VEST IN, AND ALL OBLIGATIONS AND LIABILITIES 27
OF THE AUTHORITY MAY BE TRAN SFERRED TO AND ASSUM ED BY, THE COUNTY. 28
12–815. 29
NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE, THE 30
AUTHORITY SHALL COMPL Y WITH ALL APPLICABL E ZONING AND PLANNIN G 31
REQUIREMENTS . 32
14 HOUSE BILL 1427
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1
October 1, 2022. 2