MD
Maryland House Bill HB927

Maryland 2022 Regular Session

Maryland House Bill HB927 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 336
21
3-– 1 –
4-Chapter 336
5-(House Bill 927)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb0927*
810
9-Housing and Community Development – Affordable Housing – Listing and
10-Disposal of Excess Real Property
11+HOUSE BILL 927
12+C9, P3 (2lr1557)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Health, and Environmental Affairs —
15+Introduced by Delegate Palakovich Carr
1116
12-FOR the purpose of requiring the Department of Planning to provide a list of excess real
13-property owned by the State to the Department of Housing and Community
14-Development; requiring the Department of Housing and Community Development
15-to determine whether any of the listed properties are suitable for use or
16-redevelopment as affordable housing; requiring units of State government to develop
17-proposals to donate or sell excess real property determined to be suitable for use or
18-redevelopment as affordable housing; requiring the Comptroller to distribute a
19-certain amount of income tax revenue from individuals to the Rental Housing Fund
20-on or before a certain date; and generally relating to the listing and disposal of excess
21-real property for use as and affordable housing.
17+Read and Examined by Proofreaders:
2218
23-BY adding to
24- Article – Housing and Community Development
25-Section 2–203
26- Annotated Code of Maryland
27- (2019 Replacement Volume and 2021 Supplement)
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
2823
29-BY repealing and reenacting, without amendments,
30- Article – Housing and Community Development
31- Section 4–504(b), (c), and (d)
32- Annotated Code of Maryland
33- (2019 Replacement Volume and 2021 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3425
35-BY repealing and reenacting, with amendments,
36- Article – Housing and Community Development
37- Section 4–504(e)
38- Annotated Code of Maryland
39- (2019 Replacement Volume and 2021 Supplement)
26+_______ day of _______________ at ________________________ o’clock, ________M.
4027
41-BY repealing and reenacting, without amendments,
42- Article – Housing and Community Development
43-Section 4–504(b)
44- Annotated Code of Maryland
45- (2019 Replacement Volume and 2021 Supplement)
28+______________________________________________
29+Speaker.
4630
47-BY repealing and reenacting, with amendments,
48- Article – Housing and Community Development
49-Section 4–504(e) Ch. 336 2022 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52- Annotated Code of Maryland
53- (2019 Replacement Volume and 2021 Supplement)
33+AN ACT concerning 1
5434
55-BY repealing and reenacting, without amendments,
56- Article – State Finance and Procurement
57-Section 5–310(a) and (b)
58- Annotated Code of Maryland
59- (2021 Replacement Volume)
35+Housing and Community Development – Affordable Housing – Listing and 2
36+Disposal of Excess Real Property 3
6037
61-BY adding to
62- Article – State Finance and Procurement
63-Section 5–310(d)
64- Annotated Code of Maryland
65- (2021 Replacement Volume)
38+FOR the purpose of requiring the Department of Planning to provide a list of excess real 4
39+property owned by the State to the Department of Housing and Community 5
40+Development; requiring the Department of Housing and Community Development 6
41+to determine whether any of the listed properties are suitable for use or 7
42+redevelopment as affordable housing; requiring units of State government to develop 8
43+proposals to donate or sell excess real property determined to be suitable for use or 9
44+redevelopment as affordable housing; requiring the Comptroller to distribute a 10
45+certain amount of income tax revenue from individuals to the Rental Housing Fund 11
46+on or before a certain date; and generally relating to the listing and disposal of excess 12
47+real property for use as and affordable housing. 13
6648
67-BY repealing and reenacting, with amendments,
68- Article – State Finance and Procurement
69-Section 10–305(b) and 10–306(c)
70- Annotated Code of Maryland
71- (2021 Replacement Volume)
49+BY adding to 14 2 HOUSE BILL 927
7250
73-BY adding to
74- Article – Tax – General
75- Section 2–605.2
76- Annotated Code of Maryland
77- (2016 Replacement Volume and 2021 Supplement)
7851
79- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
80-That the Laws of Maryland read as follows:
52+ Article – Housing and Community Development 1
53+Section 2–203 2
54+ Annotated Code of Maryland 3
55+ (2019 Replacement Volume and 2021 Supplement) 4
8156
82-Article – Housing and Community Development
57+BY repealing and reenacting, without amendments, 5
58+ Article – Housing and Community Development 6
59+ Section 4–504(b), (c), and (d) 7
60+ Annotated Code of Maryland 8
61+ (2019 Replacement Volume and 2021 Supplement) 9
8362
84-4–504.
63+BY repealing and reenacting, with amendments, 10
64+ Article – Housing and Community Development 11
65+ Section 4–504(e) 12
66+ Annotated Code of Maryland 13
67+ (2019 Replacement Volume and 2021 Supplement) 14
8568
86- (b) There is a Rental Housing Fund.
69+BY repealing and reenacting, without amendments, 15
70+ Article – Housing and Community Development 16
71+Section 4–504(b) 17
72+ Annotated Code of Maryland 18
73+ (2019 Replacement Volume and 2021 Supplement) 19
8774
88- (c) The Department shall use the Fund to operate, make loans, and pay expenses
89-of the Rental Housing Program, including reserves for anticipated future losses directly
90-related to the Rental Housing Program, as provided in the State budget.
75+BY repealing and reenacting, with amendments, 20
76+ Article – Housing and Community Development 21
77+Section 4–504(e) 22
78+ Annotated Code of Maryland 23
79+ (2019 Replacement Volume and 2021 Supplement) 24
9180
92- (d) The Department shall administer the Fund either directly or through the
93-Administration.
81+BY repealing and reenacting, without amendments, 25
82+ Article – State Finance and Procurement 26
83+Section 5–310(a) and (b) 27
84+ Annotated Code of Maryland 28
85+ (2021 Replacement Volume) 29
9486
95- (e) The Fund consists of:
96- LAWRENCE J. HOGAN, JR., Governor Ch. 336
87+BY adding to 30
88+ Article – State Finance and Procurement 31
89+Section 5–310(d) 32
90+ Annotated Code of Maryland 33
91+ (2021 Replacement Volume) 34
9792
98-– 3 –
99- (1) money appropriated by the State for the Rental Housing Program under
100-§ 4–402 of this title;
93+BY repealing and reenacting, with amendments, 35
94+ Article – State Finance and Procurement 36
95+Section 10–305(b) and 10–306(c) 37
96+ Annotated Code of Maryland 38
97+ (2021 Replacement Volume) 39
98+ HOUSE BILL 927 3
10199
102- (2) repayments and prepayments of loans made under the Rental Housing
103-Program and from loan programs under this title that have been repealed;
104100
105- (3) money appropriated under § 4–501(c) of this subtitle;
101+BY adding to 1
102+ Article – Tax – General 2
103+ Section 2–605.2 3
104+ Annotated Code of Maryland 4
105+ (2016 Replacement Volume and 2021 Supplement) 5
106106
107- (4) money transferred to the Fund in accordance with §§ 4–502(e), 4–503(d),
108-and 4–505(h) of this subtitle and § 3–203(i) of this article;
107+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
108+That the Laws of Maryland read as follows: 7
109109
110- (5) funds received by the Department or the Administration from the federal
111-government or other public or private sources; [and]
110+Article – Housing and Community Development 8
112111
113- (6) investment earnings of the Fund; AND
112+4–504. 9
114113
115- (7) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–605.2 OF THE
116-TAX – GENERAL ARTICLE.
114+ (b) There is a Rental Housing Fund. 10
117115
118-Article – Tax – General
116+ (c) The Department shall use the Fund to operate, make loans, and pay expenses 11
117+of the Rental Housing Program, including reserves for anticipated future losses directly 12
118+related to the Rental Housing Program, as provided in the State budget. 13
119119
120-2–605.2.
120+ (d) The Department shall administer the Fund either directly or through the 14
121+Administration. 15
121122
122- AFTER MAKING THE DIST RIBUTIONS REQUIRED U NDER §§ 2–604 AND 2–605
123-OF THIS SUBTITLE , ON OR BEFORE JUNE 30, 2022, THE COMPTROLLER SHALL
124-DISTRIBUTE $30,000,000 OF THE INCOME TAX RE VENUE FROM INDIVIDUA LS TO THE
125-RENTAL HOUSING FUND ESTABLISHED UNDE R § 4–504 OF THE HOUSING AND
126-COMMUNITY DEVELOPMENT ARTICLE.
123+ (e) The Fund consists of: 16
127124
128- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
129-as follows:
125+ (1) money appropriated by the State for the Rental Housing Program under 17
126+§ 4–402 of this title; 18
130127
131-Article – Housing and Community Development
128+ (2) repayments and prepayments of loans made under the Rental Housing 19
129+Program and from loan programs under this title that have been repealed; 20
132130
133-2–203.
131+ (3) money appropriated under § 4–501(c) of this subtitle; 21
134132
135- (A) IN THIS SECTION , “AFFORDABLE HOUSING ” MEANS RESIDENTIAL
136-PROPERTY THAT IS :
133+ (4) money transferred to the Fund in accordance with §§ 4–502(e), 4–503(d), 22
134+and 4–505(h) of this subtitle and § 3–203(i) of this article; 23
137135
138- (1) RENTED TO THE PUBLIC AT A RATE THAT ALLOW S A HOUSEHOLD
139-OF LOW– OR MODERATE –INCOME IN THE STATE TO PAY NOT MORE THAN 30% OF ITS
140-MONTHLY INCOME IN RE NT; OR
136+ (5) funds received by the Department or the Administration from the federal 24
137+government or other public or private sources; [and] 25
141138
142- (2) SOLD TO THE PUBLIC A T A PRICE THAT IS AF FORDABLE TO A
143-HOUSEHOLD OF LO W– OR MODERATE –INCOME IN THE STATE. Ch. 336 2022 LAWS OF MARYLAND
139+ (6) investment earnings of the Fund; AND 26
144140
145-– 4 –
141+ (7) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–605.2 OF THE 27
142+TAX – GENERAL ARTICLE. 28
146143
147- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
148-INDICATED.
144+Article – Tax – General 29
149145
150- (2) “AFFORDABLE HOUSING ” MEANS RESIDENTIAL PR OPERTY THAT
151-IS RENTED OR SOLD TO THE PUBLIC AS LOW –INCOME HOUSING OR WO RKFORCE
152-HOUSING.
146+2–605.2. 30 4 HOUSE BILL 927
153147
154- (3) “AREA MEDIAN INCOME ” HAS THE MEANING STAT ED IN § 4–1801
155-OF THIS ARTICLE.
156148
157- (4) “LOW–INCOME HOUSING ” MEANS HOUSING THAT I S AFFORDABLE
158-FOR A HOUSEHOLD WITH AN AGGREGATE ANNUAL INCOME THAT IS BELOW 60% OF
159-THE AREA MEDIAN INCO ME.
160149
161- (5) “WORKFORCE HOUSING ” HAS THE MEANING STATED IN § 4–1801
162-OF THIS ARTICLE.
150+ AFTER MAKING THE DIST RIBUTIONS REQUIRED U NDER §§ 2–604 AND 2–605 1
151+OF THIS SUBTITLE , ON OR BEFORE JUNE 30, 2022, THE COMPTROLLER SHALL 2
152+DISTRIBUTE $30,000,000 OF THE INCOME TAX RE VENUE FROM INDIVIDUA LS TO THE 3
153+RENTAL HOUSING FUND ESTABLISHED UNDE R § 4–504 OF THE HOUSING AND 4
154+COMMUNITY DEVELOPMENT ARTICLE. 5
163155
164- (B) (1) (I) ON RECEIPT OF THE LIS T OF EXCESS REAL PRO PERTY NOT
165-LATER THAN 60 DAYS AFTER THE NOTIC E PROVIDED UNDER § 5–310 5–310(D) OF
166-THE STATE FINANCE AND PROCUREMENT ARTICLE, THE DEPARTMENT SHALL , IN
167-CONSULTATION WITH TH E UNITS UNIT OF STATE GOVERNMENT THAT CONTROL
168-CONTROLS THE PROPERTIES PROPERTY, DETERMINE IF ANY OF THE LISTED
169-PROPERTIES ARE THE PROPERTY IS SUITABLE FOR USE OR REDEVELOPMENT AS
170-AFFORDABLE HOUSING .
156+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 6
157+as follows: 7
171158
172- (II) THE DEPARTMENT SHALL IDENTIFY A PROPERTY AS
173-SUITABLE FOR USE OR REDEVELOPMENT AS AFF ORDABLE HOUSING IF T HE
174-PROPERTY:
159+Article – Housing and Community Development 8
175160
176- 1. IS LOCATED IN AN ARE A DESIGNATED AS A PR IORITY
177-FUNDING AREA UNDER TITLE 5, SUBTITLE 7B OF THE STATE FINANCE AND
178-PROCUREMENT ARTICLE;
161+2–203. 9
179162
180- 2. DOES NOT BE LONG IN A CATEGORY O F PROPERTY
181-LISTED IN § 5–310(C)(1)(I) OF THE STATE FINANCE AND PROCUREMENT ARTICLE;
163+ (A) IN THIS SECTION , “AFFORDABLE HOUSING ” MEANS RESIDENTIAL 10
164+PROPERTY THAT IS : 11
182165
183- 3. IS ADEQUATELY SIZED FOR ANY TYPE OF
184-RESIDENTIAL USE ;
166+ (1) RENTED TO THE PUBLIC AT A RATE THAT ALLOW S A HOUSEHOLD 12
167+OF LOW– OR MODERATE –INCOME IN THE STATE TO PAY NOT MORE THAN 30% OF ITS 13
168+MONTHLY INCOME IN RE NT; OR 14
185169
186- 4. HAS ACCESS TO PUBLIC UTILITIES; AND
187- LAWRENCE J. HOGAN, JR., Governor Ch. 336
170+ (2) SOLD TO THE PUBLIC A T A PRICE THAT IS AF FORDABLE TO A 15
171+HOUSEHOLD OF LO W– OR MODERATE –INCOME IN THE STATE. 16
188172
189-– 5 –
190- 5. HAS ACCESS TO FEASIB LE INGRESS AND EGRE SS
191-POINTS.
173+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 17
174+INDICATED. 18
192175
193- (III) THE DEPARTMENT MAY CONSID ER OTHER FACTORS IN
194-ADDITION TO THE PROV ISIONS OF SUBPARAGRA PH (II) OF THIS PARAGRAPH WH EN
195-DETERMINING THE SUIT ABILITY OF A PROPERT Y FOR USE OR REDEVEL OPMENT AS
196-AFFORDABLE HOUSING .
176+ (2) “AFFORDABLE HOUSING ” MEANS RESIDENTIAL PR OPERTY THAT 19
177+IS RENTED OR SOLD TO THE PUBLIC AS LOW –INCOME HOUSING OR WO RKFORCE 20
178+HOUSING. 21
197179
198- (2) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31
199-THEREAFTER , THE THE DEPARTMENT SHALL COMP ILE AND REGULARLY UPDATE A
200-LIST OF PROPERTIES I T HAS DETERMINED ARE SUITABLE FOR USE OR
201-REDEVELOPMENT AS AFF ORDABLE HOUSING .
180+ (3) “AREA MEDIAN INCOME ” HAS THE MEANING STAT ED IN § 4–1801 22
181+OF THIS ARTICLE. 23
202182
203- (3) FOR EACH PROPERTY INC LUDED IN THE LIST RE QUIRED UNDER
204-PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL :
183+ (4) “LOW–INCOME HOUSING ” MEANS HOUSING THAT I S AFFORDABLE 24
184+FOR A HOUSEHOLD WITH AN AGGREGATE ANNUAL INCOME THAT IS BELOW 60% OF 25
185+THE AREA MEDIAN INCO ME. 26
205186
206- (I) GIVE NOTICE OF THE D ETERMINATION TO :
187+ (5) “WORKFORCE HOUSING ” HAS THE MEANING STATED I N § 4–1801 27
188+OF THIS ARTICLE. 28
207189
208- 1. THE UNIT OF STATE GOVERNMENT THAT CONTROLS
209-THE PROPERTY ; AND
190+ (B) (1) (I) ON RECEIPT OF THE LIS T OF EXCESS REAL PRO PERTY NOT 29
191+LATER THAN 60 DAYS AFTER THE NOTIC E PROVIDED UNDER § 5–310 5–310(D) OF 30
192+THE STATE FINANCE AND PROCUREMENT ARTICLE, THE DEPARTMENT SHALL , IN 31 HOUSE BILL 927 5
210193
211- 2. THE STATE TREASURER; AND
212194
213- (II) ADVISE THE UNIT OF STATE GOVERNMENT OF THE
214-REQUIREMENTS OF SUBS ECTION (C) OF THIS SECTION.
195+CONSULTATION WITH TH E UNITS UNIT OF STATE GOVERNMENT THAT CONTROL 1
196+CONTROLS THE PROPERTIES PROPERTY, DETERMINE IF ANY OF THE LISTED 2
197+PROPERTIES ARE THE PROPERTY IS SUITABLE FOR USE OR REDEVELOPMENT AS 3
198+AFFORDABLE HOUSING . 4
215199
216- (4) THE LIST REQUIRED UND ER PARAGRAPH (2) OF THIS SUBSECTION
217-SHALL BE MADE AVAILA BLE TO THE PUBLIC .
200+ (II) THE DEPARTMENT SHALL IDENTIFY A PROPERTY AS 5
201+SUITABLE FOR USE OR REDEVELOPMENT AS AFF ORDABLE HOUSING IF T HE 6
202+PROPERTY: 7
218203
219- (C) (1) (I) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5) OF THIS
220-SUBSECTION, ON RECEIPT OF THE NOTICE REQUIRED UNDE R SUBSECTION (B)(3) OF
221-THIS SECTION, A THE UNIT OF STATE GOVERNMENT SHAL L, IN CONSULTATION WITH
222-THE DEPARTMENT AND THE DEPARTMENT OF PLANNING, DEVELOP A PROPOSAL T O
223-DISPOSE OF THE A DONATE OR SELL THE LISTED PROPERTY BY :
204+ 1. IS LOCATED IN AN ARE A DESIGNATED AS A PR IORITY 8
205+FUNDING AREA UNDER TITLE 5, SUBTITLE 7B OF THE STATE FINANCE AND 9
206+PROCUREMENT ARTICLE; 10
224207
225- 1. DONATING OR SELLING THE PROPERTY TO A
226-NONPROFIT ORGANIZATI ON THAT INTENDS CONTRACTS TO USE OR REDEVELOP THE
227-PROPERTY AS AFFORDAB LE HOUSING; OR
208+ 2. DOES NOT BE LONG IN A CATEGORY O F PROPERTY 11
209+LISTED IN § 5–310(C)(1)(I) OF THE STATE FINANCE AND PROCUREMENT ARTICLE; 12
228210
229- 2. SELLING THE PROPERTY TO A BUYER THAT INTENDS
230-CONTRACTS TO USE OR REDEVELOP THE PROPERTY AS AFFO RDABLE HOUSING.
211+ 3. IS ADEQUATELY SIZED FOR ANY TYPE OF 13
212+RESIDENTIAL USE ; 14
231213
232- (II) IF, AFTER REASONABLE EFF ORT, THE UNIT IS UNABLE T O
233-IDENTIFY A SUITABLE NONPROFIT ORGANIZATI ON OR BUYER IN ACCOR DANCE WITH Ch. 336 2022 LAWS OF MARYLAND
214+ 4. HAS ACCESS TO PUBLIC UTILITIES; AND 15
234215
235-– 6 –
236-SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE UNIT SHALL DEVEL OP A PROPOSAL
237-TO SELL THE PROPERTY AT AUCTION.
216+ 5. HAS ACCESS TO FEASIB LE INGRESS AND EGRE SS 16
217+POINTS. 17
238218
239- (III) A PROPOSAL DEVELOPED UN DER THIS PARAGRAPH S HALL
240-BE SUBMITTED TO THE BOARD OF PUBLIC WORKS FOR CONSIDERATI ON IN
241-ACCORDANCE WITH § 10–305 OF THE STATE FINANCE AND PROCUREMENT
242-ARTICLE.
219+ (III) THE DEPARTMENT MAY CONSID ER OTHER FACTORS IN 18
220+ADDITION TO THE PROV ISIONS OF SUBPARAGRA PH (II) OF THIS PARAGRAPH WH EN 19
221+DETERMINING THE SUIT ABILITY OF A PROPERT Y FOR USE OR REDEVEL OPMENT AS 20
222+AFFORDABLE HOUSING . 21
243223
244- (2) ANY PROCEEDS FROM A S ALE OF EXCESS REAL P ROPERTY THAT
245-RESULTS FROM A P ROPOSAL DEVELOPED UN DER THIS SUBSECTION SHALL BE
246-APPLIED TO THE RENTAL HOUSING FUND UNDER § 4–504 OF THIS ARTICLE THE
247-UNIT OF STATE GOVERNMENT SHAL L CONSIDER THE PROPO SED PERIOD OF
248-AFFORDABILITY , THE NUMBER OF AFFORD ABLE HOUSING UNITS C REATED, AND THE
249-VIABILITY OF AN OFFER WH EN EVALUATING OFFERS FROM MULTIPLE NONPRO FIT
250-ORGANIZATIONS OR BUY ERS UNDER THIS SUBSE CTION.
224+ (2) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31 22
225+THEREAFTER , THE THE DEPARTMENT SHALL COMP ILE AND REGULARLY UPDATE A 23
226+LIST OF PROPERTIES I T HAS DETERMINED ARE SUITABLE FOR USE OR 24
227+REDEVELOPMENT AS AFF ORDABLE HOUSING . 25
251228
252- (3) WHEN A PROPERTY IS DISPOSED OF DONATED OR SOLD IN
253-ACCORDANCE WITH A PR OPOSAL DEVELOPED UND ER THIS SUBSECTION , THE UNIT
254-SHALL GIVE NOTICE OF THE DISPOSITION T O THE DEPARTMENT .
229+ (3) FOR EACH PROPERTY INC LUDED IN THE LIST RE QUIRED UNDER 26
230+PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL : 27
255231
256- (4) A UNIT MAY NOT PROPOSE TO DISPOSE OF DONATE OR SELL A
257-PROPERTY UNDER THIS SUBSECTION IN A MANNER THAT IF THE DONATION OR S ALE
258-WOULD:
232+ (I) GIVE NOTICE OF THE D ETERMINATION TO : 28
259233
260- (I) VIOLATE ANY COVENANT OR APPLICABLE FEDERA L LAW; OR
234+ 1. THE UNIT OF STATE GOVERNMENT THAT CONTROLS 29
235+THE PROPERTY ; AND 30
261236
262- (II) IN THE OPINION OF THE STATE TREASURER, ADVERSELY
263-AFFECT THE TAX –EXEMPT STATUS OF AN OUTSTANDING STATE BOND , THE
264-PROCEEDS OF WHICH WE RE ALLOCATED TO PURC HASE OR IMPROVE THE PROPERTY.
237+ 2. THE STATE TREASURER; AND 31
238+ 6 HOUSE BILL 927
265239
266- (5) NOTHING IN THIS SUBSE CTION SHALL BE CONST RUED TO
267-SUPERSEDE THE RIGHT OF A PERSON FROM WHO M REAL PROPERTY WAS ACQUIRED
268-OR THEIR SUCCESSOR I N INTEREST TO REACQU IRE THE PROPERTY UND ER § 8–309
269-OF THE TRANSPORTATION ARTICLE.
270240
271- (D) ON OR BEFORE DECEMBER 31, 2024, AND EACH DECEMBER 31
272-THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN
273-ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE:
241+ (II) ADVISE THE UNIT OF STATE GOVERNMENT OF THE 1
242+REQUIREMENTS OF SUBS ECTION (C) OF THIS SECTION. 2
274243
275- (1) THE NUMBER OF PROPOS ALS SUBMITTED TO THE BOARD OF
276-PUBLIC WORKS UNDER THIS SECT ION;
277- LAWRENCE J. HOGAN, JR., Governor Ch. 336
244+ (4) THE LIST REQUIRED UND ER PARAGRAPH (2) OF THIS SUBSECTION 3
245+SHALL BE MADE AVAILA BLE TO THE PUBLIC . 4
278246
279-– 7 –
280- (2) THE NUMBE R OF PROPERTIES THAT WERE DONATED PURSUAN T
281-TO PROPOSALS DEVELOP ED UNDER THIS SECTIO N; AND
247+ (C) (1) (I) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5) OF THIS 5
248+SUBSECTION, ON RECEIPT OF THE NO TICE REQUIRED UNDER SUBSECTION (B)(3) OF 6
249+THIS SECTION, A THE UNIT OF STATE GOVERNMENT SHAL L, IN CONSULTATION WITH 7
250+THE DEPARTMENT AND THE DEPARTMENT OF PLANNING, DEVELOP A PROPOSAL T O 8
251+DISPOSE OF THE A DONATE OR SELL THE LISTED PROPERTY BY : 9
282252
283- (3) THE NUMBER OF PROPER TIES THAT WERE SOLD PURSUANT TO
284-PROPOSALS DEVELOPED UNDER THIS SECTION ; AND
253+ 1. DONATING OR SELLING THE PROPERTY TO A 10
254+NONPROFIT ORGANIZATI ON THAT INTENDS CONTRACTS TO USE OR REDEVELOP THE 11
255+PROPERTY AS AFFORDAB LE HOUSING; OR 12
285256
286- (4) THE TOTAL AMOUNT OF PROCEEDS APPLIED TO THE RENTAL
287-HOUSING FUND AS A RESULT OF P ROPOSALS DEVELOPED U NDER THIS SECTION .
257+ 2. SELLING THE PROPERTY TO A BUYER THAT INTENDS 13
258+CONTRACTS TO USE OR REDEVELOP THE PROPERTY AS AFFO RDABLE HOUSING . 14
288259
289-4–504.
260+ (II) IF, AFTER REASONABLE EFF ORT, THE UNIT IS UNABLE T O 15
261+IDENTIFY A SUITABLE NONPROFIT ORGANIZATI ON OR BUYER IN ACCOR DANCE WITH 16
262+SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE UNIT SHALL DEVEL OP A PROPOSAL 17
263+TO SELL THE PROPERTY AT AUCTION. 18
290264
291- (b) There is a Rental Housing Fund.
265+ (III) A PROPOSAL DEVELOPED U NDER THIS PARAGRAPH SHALL 19
266+BE SUBMITTED TO THE BOARD OF PUBLIC WORKS FOR CONSIDERATI ON IN 20
267+ACCORDANCE WITH § 10–305 OF THE STATE FINANCE AND PROCUREMENT 21
268+ARTICLE. 22
292269
293- (e) The Fund consists of:
270+ (2) ANY PROCEEDS FROM A S ALE OF EXCESS REAL P ROPERTY THAT 23
271+RESULTS FROM A PROPO SAL DEVELOPED UNDER THIS SUBSECTION SHAL L BE 24
272+APPLIED TO THE RENTAL HOUSING FUND UNDER § 4–504 OF THIS ARTICLE THE 25
273+UNIT OF STATE GOVERNMENT SHAL L CONSIDER THE PROPO SED PERIOD OF 26
274+AFFORDABILITY , THE NUMBER OF AFFORD ABLE HOUSING UNITS C REATED, AND THE 27
275+VIABILITY OF AN OFFE R WHEN EVALUATING OF FERS FROM MULTIPLE N ONPROFIT 28
276+ORGANIZATIONS OR BUYERS UNDER THIS SUBSECTIO N. 29
294277
295- (1) money appropriated by the State for the Rental Housing Program under
296-§ 4–402 of this title;
278+ (3) WHEN A PROPERTY IS DISPOSED OF DONATED OR SOLD IN 30
279+ACCORDANCE WITH A PR OPOSAL DEVELOPED UND ER THIS SUBSECTION , THE UNIT 31
280+SHALL GIVE NOTICE OF THE DISPOSITION TO T HE DEPARTMENT . 32
297281
298- (2) repayments and prepayments of loans made under the Rental Housing
299-Program and from loan programs under this title that have been repealed;
282+ (4) A UNIT MAY NOT PROPOSE TO DISPOSE OF DONATE OR SELL A 33
283+PROPERTY UNDER THIS SUBSECTION IN A MANNER THAT IF THE DONATION OR S ALE 34
284+WOULD: 35 HOUSE BILL 927 7
300285
301- (3) money appropriated under § 4–501(c) of this subtitle;
302286
303- (4) money transferred to the Fund in accordance with §§ 4 –502(e),
304-4–503(d), and 4–505(h) of this subtitle and § 3–203(i) of this article;
305287
306- (5) funds received by the Department or the Administration from the
307-federal government or other public or private sources; [and]
288+ (I) VIOLATE ANY COVENANT OR APPLICABLE FEDERA L LAW; OR 1
308289
309- (6) investment earnings of the Fund; AND
290+ (II) IN THE OPINION OF TH E STATE TREASURER, ADVERSELY 2
291+AFFECT THE TAX–EXEMPT STATUS OF AN OUTSTANDING STATE BOND , THE 3
292+PROCEEDS OF WHICH WE RE ALLOCATED TO PURC HASE OR IMPROVE THE PROPERTY. 4
310293
311- (7) PROCEEDS FROM SALES OF EXCESS REAL PROPE RTY CONDUCTED
312-IN ACCORDANCE WITH P ROPOSALS DEVELOPED U NDER § 2–203(C) OF THIS
313-ARTICLE.
294+ (5) NOTHING IN THIS SUBSE CTION SHALL BE CONST RUED TO 5
295+SUPERSEDE THE RIGHT OF A PERSON FROM WHO M REAL PROPERTY WAS ACQUIRED 6
296+OR THEIR SUCCESSOR I N INTEREST TO REACQU IRE THE PROPERTY UND ER § 8–309 7
297+OF THE TRANSPORTATION ARTICLE. 8
314298
315-Article – State Finance and Procurement
299+ (D) ON OR BEFORE DECEMBER 31, 2024, AND EACH DECEMBER 31 9
300+THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 10
301+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE: 11
316302
317-5–310.
303+ (1) THE NUMBER OF PROPOS ALS SUBMITTED TO THE BOARD OF 12
304+PUBLIC WORKS UNDER THIS SECT ION; 13
318305
319- (a) Each unit of the State government shall notify the Department in writing of:
306+ (2) THE NUMBER OF PROPER TIES THAT WERE DONAT ED PURSUANT 14
307+TO PROPOSALS DEVELOP ED UNDER THIS SECTIO N; AND 15
320308
321- (1) any real property that is in excess of the needs of the unit; or
309+ (3) THE NUMBER OF PROPER TIES THAT WERE SOLD PURSUANT TO 16
310+PROPOSALS DEVELOPED UNDER THIS SECTION ; AND 17
322311
323- (2) any substantial change to any real property owned by the State.
324- Ch. 336 2022 LAWS OF MARYLAND
312+ (4) THE TOTAL AMOUNT OF PROCEEDS APPLIED TO THE RENTAL 18
313+HOUSING FUND AS A RESULT OF P ROPOSALS DEVELOPED U NDER THIS SECTION . 19
325314
326-– 8 –
327- (b) Subject to subsection (c) of this section, for any real property identified under
328-subsection (a) of this section, the Department shall:
315+4–504. 20
329316
330- (1) study the proper disposition of the property;
317+ (b) There is a Rental Housing Fund. 21
331318
332- (2) determine whether any local government or unit of the State
333-government is interested in the property; and
319+ (e) The Fund consists of: 22
334320
335- (3) make an appropriate recommendation to the using unit of the State
336-government and to the Board of Public Works.
321+ (1) money appropriated by the State for the Rental Housing Program under 23
322+§ 4–402 of this title; 24
337323
338- (D) ON OR BEFORE JUNE 1, 2023, AND EACH JUNE 1 THEREAFTER , THE THE
339-DEPARTMENT SHALL PROVIDE A LIST OF AL L PROPERTIES NOTIFY THE
340-DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND, IN ACCORDANCE
341-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE EDUCATION,
342-HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, THE SENATE BUDGET AND
343-TAXATION COMMITTEE, THE HOUSE ENVIRONMENT AND TRANSPORTATION
344-COMMITTEE, AND THE HOUSE APPROPRIATIONS COMMITTEE OF ANY PROPERTY
345-SUBMITTED TO THE DEPARTMENT UNDER SUBS ECTION (A)(1) OF THIS SECTION
346-WHICH HAS NOT BEEN D ISPOSED OF UNDER SUB SECTION (B) OF THIS SECTION TO
347-THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT .
324+ (2) repayments and prepayments of loans made under the Rental Housing 25
325+Program and from loan programs under this title that have been repealed; 26
348326
349-10–305.
327+ (3) money appropriated under § 4–501(c) of this subtitle; 27
350328
351- (b) (1) (i) Except as provided under subparagraph (ii) of this paragraph,
352-this subsection applies to the sale, transfer, grant, or exchange of:
329+ (4) money transferred to the Fund in accordance with §§ 4–502(e), 28
330+4–503(d), and 4–505(h) of this subtitle and § 3–203(i) of this article; 29
331+ 8 HOUSE BILL 927
353332
354- 1. real property identified under § 5–310(c)(1) of this article;
355-and
356333
357- 2. State–owned real or personal property, funded in
358-accordance with an appropriation act of the General Assembly, that has an appraised value
359-over $100,000.
334+ (5) funds received by the Department or the Administration from the 1
335+federal government or other public or private sources; [and] 2
360336
361- (ii) This subsection does not apply to the following dispositions of
362-property identified in subparagraph (i) of this paragraph:
337+ (6) investment earnings of the Fund; AND 3
363338
364- 1. leasing the property; or
339+ (7) PROCEEDS FROM SALES OF EXCESS REAL PROPE RTY CONDUCTED 4
340+IN ACCORDANCE WITH P ROPOSALS DEVELOPED U NDER § 2–203(C) OF THIS 5
341+ARTICLE. 6
365342
366- 2. the sale, transfer, grant, or exchange of a corrective or
367-access easement on the property.
343+Article – State Finance and Procurement 7
368344
369- (2) The Board may not approve the sale, transfer, exchange, or grant of
370-property until:
371- LAWRENCE J. HOGAN, JR., Governor Ch. 336
345+5–310. 8
372346
373-– 9 –
374- (i) the Department of General Services or the Department of
375-Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted
376-to the Board two independent appraisals of the property that:
347+ (a) Each unit of the State government shall notify the Department in writing of: 9
377348
378- 1. with regard to real property, consider the value of any
379-restrictive covenant that may be placed on the property; and
349+ (1) any real property that is in excess of the needs of the unit; or 10
380350
381- 2. may not be publicly disclosed if the property is to be sold
382-at auction;
351+ (2) any substantial change to any real property owned by the State. 11
383352
384- (ii) the following information has been submitted, by electronic mail
385-or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House
386-Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of
387-this subsection, the Legislative Policy Committee:
353+ (b) Subject to subsection (c) of this section, for any real property identified under 12
354+subsection (a) of this section, the Department shall: 13
388355
389- 1. a description of the property; and
356+ (1) study the proper disposition of the property; 14
390357
391- 2. if applicable, any justification for not selling, transferring,
392-exchanging, or granting the property in a manner that generates the highest return for the
393-State;
358+ (2) determine whether any local government or unit of the State 15
359+government is interested in the property; and 16
394360
395- (iii) 45 days have elapsed since:
361+ (3) make an appropriate recommendation to the using unit of the State 17
362+government and to the Board of Public Works. 18
396363
397- 1. the information required by item (ii) of this paragraph was
398-received by the appropriate committees; and
364+ (D) ON OR BEFORE JUNE 1, 2023, AND EACH JUNE 1 THEREAFTER , THE THE 19
365+DEPARTMENT SHALL PROVIDE A LIST OF AL L PROPERTIES NOTIFY THE 20
366+DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND, IN ACCORDANCE 21
367+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE EDUCATION, 22
368+HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, THE SENATE BUDGET AND 23
369+TAXATION COMMITTEE, THE HOUSE ENVIRONMENT AND TRANSPORTATION 24
370+COMMITTEE, AND THE HOUSE APPROPRIAT IONS COMMITTEE OF ANY PROPERTY 25
371+SUBMITTED TO THE DEPARTMENT UNDER SUBS ECTION (A)(1) OF THIS SECTION 26
372+WHICH HAS NOT BEEN D ISPOSED OF UNDER SUB SECTION (B) OF THIS SECTION TO 27
373+THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT . 28
399374
400- 2. the Board declared the property surplus; and
375+10–305. 29
401376
402- (iv) except for property sold under paragraph (4) of this subsection,
403-for property that meets both criteria under paragraph (1)(i) of this subsection and for which
404-the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General
405-Assembly has approved the proposed disposition as provided under paragraph (3) of this
406-subsection.
377+ (b) (1) (i) Except as provided under subparagraph (ii) of this paragraph, 30
378+this subsection applies to the sale, transfer, grant, or exchange of: 31 HOUSE BILL 927 9
407379
408- (3) (i) Within 45 days after receiving the information submitted under
409-paragraph (2) of this subsection, the Legislative Policy Committee shall:
410380
411- 1. review the information and the public record created by
412-the Department of Planning for the property; and
413381
414- 2. A. approve the proposed disposition of the surplus
415-property and refer the property back to the Board for final disposition; or
382+ 1. real property identified under § 5–310(c)(1) of this article; 1
383+and 2
416384
417- B. refer the proposed disposition of the property to the full
418-General Assembly and notify the Board of the referral.
419- Ch. 336 2022 LAWS OF MARYLAND
385+ 2. State–owned real or personal property, funded in 3
386+accordance with an appropriation act of the General Assembly, that has an appraised value 4
387+over $100,000. 5
420388
421-– 10 –
422- (ii) If the Legislative Policy Committee fails to take any action under
423-subparagraph (i)2 of this paragraph within the specified time period, the proposed
424-disposition shall be deemed approved by the Committee.
389+ (ii) This subsection does not apply to the following dispositions of 6
390+property identified in subparagraph (i) of this paragraph: 7
425391
426- (iii) 1. If the proposed disposition of the surplus property is
427-referred by the Legislative Policy Committee to the full General Assembly, the proposed
428-disposition may not be approved by the Board unless it is approved by the passage of
429-legislation during the next legislative session of the General Assembly.
392+ 1. leasing the property; or 8
430393
431- 2. In any legislation passed in accordance with
432-subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed
433-disposition with or without conditions.
394+ 2. the sale, transfer, grant, or exchange of a corrective or 9
395+access easement on the property. 10
434396
435- (4) If the Board has declared the property surplus, the Board shall sell the
436-property to the federal government, a local government, or a unit of federal or local
437-government for $1.00, if:
397+ (2) The Board may not approve the sale, transfer, exchange, or grant of 11
398+property until: 12
438399
439- (i) the government or unit has indicated its interest in acquiring the
440-land; and
400+ (i) the Department of General Services or the Department of 13
401+Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted 14
402+to the Board two independent appraisals of the property that: 15
441403
442- (ii) a restrictive covenant is placed on the deed of transfer, in
443-accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the
444-property to be maintained in a use that is consistent with its use at the time of transfer.
404+ 1. with regard to real property, consider the value of any 16
405+restrictive covenant that may be placed on the property; and 17
445406
446- (5) Any revenues derived from the sale, transfer, exchange, or grant of
447-property identified under paragraph (1)(i)1 of this subsection shall be deposited in the
448-Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article.
407+ 2. may not be publicly disclosed if the property is to be sold 18
408+at auction; 19
449409
450- (6) (I) IF THE BOARD HAS DECLARED TH E PROPERTY SURPLUS ,
451-THE BOARD SHALL DISPOSE OF DONATE OR SELL THE PROPERTY DETERMINED BY
452-THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO BE SUI TABLE
453-FOR USE OR REDEVELOP MENT AS AFFORDABLE H OUSING IN ACCORDANCE WITH A
454-PROPOSAL DEVELOPED U NDER § 2–203 OF THE HOUSING AND COMMUNITY
455-DEVELOPMENT ARTICLE.
410+ (ii) the following information has been submitted, by electronic mail 20
411+or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House 21
412+Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of 22
413+this subsection, the Legislative Policy Committee: 23
456414
457- (II) ANY REVENUES DERIVED FROM THE SALE , TRANSFER,
458-EXCHANGE, OR GRANT OF PROPERTY IN ACCORDANCE WITH A PROPOSAL
459-DEVELOPED UNDER § 2–203 OF THE HOUSING AND COMMUNITY DEVELOPMENT
460-ARTICLE SHALL BE DEPO SITED IN THE RENTAL HOUSING FUND UNDER § 4–504 OF
461-THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE.
415+ 1. a description of the property; and 24
462416
463-10–306.
464- LAWRENCE J. HOGAN, JR., Governor Ch. 336
417+ 2. if applicable, any justification for not selling, transferring, 25
418+exchanging, or granting the property in a manner that generates the highest return for the 26
419+State; 27
465420
466-– 11 –
467- (c) (1) THIS SUBSECTION DOES NOT APPLY TO PROPERT Y DISPOSED OF
468-IN ACCORDANCE WITH A PROPOSAL DEVELOPED U NDER § 2–203 OF THE HOUSING
469-AND COMMUNITY DEVELOPMENT ARTICLE.
421+ (iii) 45 days have elapsed since: 28
470422
471- (2) Except as provided in paragraphs [(2) and] (3) AND (4) of this
472-subsection, if cash is received as consideration for the disposition of a capital asset of the
473-State or any unit of the State government, the cash shall be applied to the State Annuity
474-Bond Fund Account for the payment of the principal of and interest on the bonded
475-indebtedness of the State.
423+ 1. the information required by item (ii) of this paragraph was 29
424+received by the appropriate committees; and 30
476425
477- [(2)] (3) If the capital asset is real property that is being leased or sold to
478-a private party for the purpose of realizing a transit–oriented development as defined under
479-§ 7–101 of the Transportation Article, at the discretion of the State agency that is disposing
480-of the property, all or a portion of the cash proceeds resulting from the transaction shall be
481-deposited in the Baltimore City Community Enhancement Transit–Oriented Development
482-Fund established under Title 15 of the Economic Development Article for the purposes of
483-that Fund.
426+ 2. the Board declared the property surplus; and 31
427+ 10 HOUSE BILL 927
484428
485- [(3)] (4) (i) If cash is received as consideration for the disposition of a
486-capital asset, and if the capital asset was originally purchased with special funds, the cash
487-shall be applied to the special fund.
488429
489- (ii) Notwithstanding subparagraph (i) of this paragraph, cash
490-received as consideration for the disposition of helicopters, auxiliary helicopter equipment,
491-ground support equipment, or other capital equipment related to helicopters shall be
492-applied to the State Annuity Bond Fund Account for the payment of the principal of and
493-interest on the bonded indebtedness of the State.
430+ (iv) except for property sold under paragraph (4) of this subsection, 1
431+for property that meets both criteria under paragraph (1)(i) of this subsection and for which 2
432+the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General 3
433+Assembly has approved the proposed disposition as provided under paragraph (3) of this 4
434+subsection. 5
494435
495- [(4)] (5) If cash is received as consideration for the disposition of any real
496-or personal property of the State or any unit of the State government, other than a capital
497-asset, the cash shall be accounted for and paid into the State Treasury.
436+ (3) (i) Within 45 days after receiving the information submitted under 6
437+paragraph (2) of this subsection, the Legislative Policy Committee shall: 7
498438
499- SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
500-take effect October 1, 2022.
439+ 1. review the information and the public record created by 8
440+the Department of Planning for the property; and 9
501441
502- SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section
503-3 of this Act, this Act shall take effect June 1, 2022.
442+ 2. A. approve the proposed disposition of the surplus 10
443+property and refer the property back to the Board for final disposition; or 11
504444
505-Approved by the Governor, May 12, 2022.
445+ B. refer the proposed disposition of the property to the full 12
446+General Assembly and notify the Board of the referral. 13
447+
448+ (ii) If the Legislative Policy Committee fails to take any action under 14
449+subparagraph (i)2 of this paragraph within the specified time period, the proposed 15
450+disposition shall be deemed approved by the Committee. 16
451+
452+ (iii) 1. If the proposed disposition of the surplus property is 17
453+referred by the Legislative Policy Committee to the full General Assembly, the proposed 18
454+disposition may not be approved by the Board unless it is approved by the passage of 19
455+legislation during the next legislative session of the General Assembly. 20
456+
457+ 2. In any legislation passed in accordance with 21
458+subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed 22
459+disposition with or without conditions. 23
460+
461+ (4) If the Board has declared the property surplus, the Board shall sell the 24
462+property to the federal government, a local government, or a unit of federal or local 25
463+government for $1.00, if: 26
464+
465+ (i) the government or unit has indicated its interest in acquiring the 27
466+land; and 28
467+
468+ (ii) a restrictive covenant is placed on the deed of transfer, in 29
469+accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the 30
470+property to be maintained in a use that is consistent with its use at the time of transfer. 31
471+
472+ (5) Any revenues derived from the sale, transfer, exchange, or grant of 32
473+property identified under paragraph (1)(i)1 of this subsection shall be deposited in the 33
474+Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article. 34
475+ HOUSE BILL 927 11
476+
477+
478+ (6) (I) IF THE BOARD HAS DECLARED TH E PROPERTY SURPLUS , 1
479+THE BOARD SHALL DISPOSE OF DONATE OR SELL THE PROPERTY DETERMINE D BY 2
480+THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO BE SUI TABLE 3
481+FOR USE OR REDEVELOP MENT AS AFFORDABLE H OUSING IN ACCORDANCE WITH A 4
482+PROPOSAL DEVELOPED U NDER § 2–203 OF THE HOUSING AND COMMUNITY 5
483+DEVELOPMENT ARTICLE. 6
484+
485+ (II) ANY REVENUES DERIVED FROM THE SALE , TRANSFER, 7
486+EXCHANGE, OR GRANT OF PROPERTY IN ACCORDANCE WITH A PROPOSAL 8
487+DEVELOPED UNDER § 2–203 OF THE HOUSING AND COMMUNITY DEVELOPMENT 9
488+ARTICLE SHALL BE DEPO SITED IN THE RENTAL HOUSING FUND UNDER § 4–504 OF 10
489+THE HOUSING AND COMMUNITY DEVELOPM ENT ARTICLE. 11
490+
491+10–306. 12
492+
493+ (c) (1) THIS SUBSECTION DOES NOT APPLY TO PROPERT Y DISPOSED OF 13
494+IN ACCORDANCE WITH A PROPOSAL DEVELOPED U NDER § 2–203 OF THE HOUSING 14
495+AND COMMUNITY DEVELOPMENT ARTICLE. 15
496+
497+ (2) Except as provided in paragraphs [(2) and] (3) AND (4) of this 16
498+subsection, if cash is received as consideration for the disposition of a capital asset of the 17
499+State or any unit of the State government, the cash shall be applied to the State Annuity 18
500+Bond Fund Account for the payment of the principal of and interest on the bonded 19
501+indebtedness of the State. 20
502+
503+ [(2)] (3) If the capital asset is real property that is being leased or sold to 21
504+a private party for the purpose of realizing a transit–oriented development as defined under 22
505+§ 7–101 of the Transportation Article, at the discretion of the State agency that is disposing 23
506+of the property, all or a portion of the cash proceeds resulting from the transaction shall be 24
507+deposited in the Baltimore City Community Enhancement Transit–Oriented Development 25
508+Fund established under Title 15 of the Economic Development Article for the purposes of 26
509+that Fund. 27
510+
511+ [(3)] (4) (i) If cash is received as consideration for the disposition of a 28
512+capital asset, and if the capital asset was originally purchased with special funds, the cash 29
513+shall be applied to the special fund. 30
514+
515+ (ii) Notwithstanding subparagraph (i) of this paragraph, cash 31
516+received as consideration for the disposition of helicopters, auxiliary helicopter equipment, 32
517+ground support equipment, or other capital equipment related to helicopters shall be 33
518+applied to the State Annuity Bond Fund Account for the payment of the principal of and 34
519+interest on the bonded indebtedness of the State. 35
520+ 12 HOUSE BILL 927
521+
522+
523+ [(4)] (5) If cash is received as consideration for the disposition of any real 1
524+or personal property of the State or any unit of the State government, other than a capital 2
525+asset, the cash shall be accounted for and paid into the State Treasury. 3
526+
527+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall 4
528+take effect October 1, 2022. 5
529+
530+ SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 6
531+3 of this Act, this Act shall take effect June 1, 2022. 7
532+
533+
534+
535+
536+Approved:
537+________________________________________________________________________________
538+ Governor.
539+________________________________________________________________________________
540+ Speaker of the House of Delegates.
541+________________________________________________________________________________
542+ President of the Senate.