LAWRENCE J. HOGAN, JR., Governor Ch. 717
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Chapter 717
(Senate Bill 557)
AN ACT concerning
Baltimore County – West Baltimore County Redevelopment Authority
FOR the purpose of authorizing Baltimore County to exercise powers to acquire, develop or
redevelop, and dispose of certain land or property located in West Baltimore County
for residential, commercial, or industrial purposes; authorizing the County
Executive and County Council of Baltimore County to establish, by law, the West
Baltimore County Redevelopment Authority and to delegate certain powers to the
Authority to acquire, develop, redevelop, or dispose of certain land or property
located in West Baltimore County for certain purposes; authorizing the Authority to
make certain recommendations to the county; authorizing the Authority to issue
certain bonds and other evidences of indebtedness and authorizing the county to
guarantee these obligations; establishing certain penalties for violations of the
regulations of the Authority; and generally relating to the West Baltimore County
Redevelopment Authority.
BY adding to
Article – Economic Development
Section 12–801 through 12–815 to be under the new subtitle “Subtitle 8. Baltimore
County – West Baltimore County Redevelopment Authority”
Annotated Code of Maryland
(2018 Replacement Volume and 2021 Supplement)
Preamble
WHEREAS, There exist within Baltimore County a number of areas in need of
residential, commercial, or industrial development or redevelopment in furtherance of the
public interest; and
WHEREAS, Those areas include both areas that are considered slum or blighted
areas, and areas that are not subject to deteriorated or deteriorating conditions, but which
are in need of development or redevelopment for the public benefit; and
WHEREAS, In order to revitalize these areas of the county it is necessary that the
county be authorized to acquire, by any legal means, including by exercise of the power of
eminent domain, land or property for residential, commercial, or industrial development or
redevelopment, to develop or redevelop land or property for residential, commercial, or
industrial purposes, and to dispose of land or property for residential, commercial, or
industrial development or redevelopment under certain circumstances; and
WHEREAS, In order to revitalize these areas of the county it also is necessary that
the county have the power to establish a separate authority whose purpose will be to Ch. 717 2022 LAWS OF MARYLAND
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facilitate land or property acquisition, development or redevelopment, and disposition for
residential, commercial, and industrial purposes in furtherance of the public interest; and
WHEREAS, In order to accomplish the purposes of this subtitle it is necessary to
authorize the county to delegate to such separate authority the authority to acquire, by any
legal means, including by exercise of the power of eminent domain, land or property for
residential, commercial, or industrial development or redevelopment, to develop or
redevelop land or property for residential, commercial, or industrial purposes, and to
dispose of land or property for residential, commercial, or industrial development or
redevelopment under certain circumstances; and
WHEREAS, The revitalization of areas within the county in need of residential,
commercial, or industrial development or redevelopment is an essential governmental
function, and is a public use which will confer a public benefit on the citizens of the county
by relieving conditions of unemployment, encouraging the increase of industry and
commerce and a balanced economy, assisting in the retention of existing industry and
commerce and in the attracting of new industry and commerce, promoting economic
development and growth, and generally promoting the health, welfare, and safety of the
residents of the county; and
WHEREAS, The exercise by the county or the authority which the county is
authorized to establish of the power of eminent domain in accordance with this subtitle in
order to provide an impetus which private enterprise cannot provide is hereby declared to
be for a public use; and
WHEREAS, The powers granted pursuant to this subtitle shall be regarded as
supplemental and additional to powers conferred by other laws, and may not be regarded
as in derogation of any powers now existing; and
WHEREAS, This subtitle is necessary for the revitalization of Baltimore County and
the public interest of its citizens and shall be liberally construed to effect its purpose; and
WHEREAS, The necessity in the public interest for the provisions hereinafter
enacted is hereby declared as a matter of legislative determination; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Economic Development
SUBTITLE 8. BALTIMORE COUNTY – WEST BALTIMORE COUNTY REDEVELOPMENT
AUTHORITY.
12–801.
LAWRENCE J. HOGAN, JR., Governor Ch. 717
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(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “AUTHORITY” MEANS THE WEST BALTIMORE COUNTY
REDEVELOPMENT AUTHORITY ESTABLISHED UNDER THIS SUBTITLE .
(C) “BOND” OR “BONDS” MEANS REVENUE BONDS OR NOTES, INCLUDING
BOND ANTICIPATION NO TES AND NOTES IN THE NATURE OF COMMERCIAL PAPER,
OR OTHER INSTRUMENTS , CERTIFICATES, OR EVIDENC ES OF OBLIGATION ISS UED
AND SOLD OR OFFERED FOR SALE BY THE REDE VELOPMENT AUTHORITY ,
INCLUDING REFUNDING OBLIGATIONS.
(D) “COST” MEANS THE COST OR EX PENSE ASSOCIATED WIT H:
(1) ALL LAND, PROPERTY, RIGHTS, EASEMENTS, FRANCHISES, AND
LICENSES OR INTEREST S THEREIN DEEMED NEC ESSARY FOR ANY UNDER TAKING
AUTHORIZED BY THIS S UBTITLE;
(2) ALL LABOR , MATERIALS, MACHINERY , FURNISHINGS , AND
EQUIPMENT ;
(3) FINANCING CHARGES ;
(4) ESTABLISHMENT OF RES ERVES;
(5) INTEREST PRIOR TO AN D DURING CONSTRUCTIO N AND FOR A
REASONABLE PERIOD AF TER COMPLETION OF CO NSTRUCTION ;
(6) ENGINEERING , ARCHITECTURAL , AND LEGAL SERVICES ;
(7) PLANS, SPECIFICATIONS , SURVEYS, ESTIMATES OF COSTS A ND OF
REVENUES, AND OTHER EXPENSES N ECESSARY OR INCIDENT TO DETERMINING THE
FEASIBILITY OR PRACTICALITY OF ANY LAND OR PROPE RTY ACQUISITION OR A NY
DEVELOPMENT OR REDEV ELOPMENT PROJECT ;
(8) ADMINISTRATIVE EXPEN SES;
(9) LETTERS OR LINES OF CREDIT, MUNICIPAL BOND INSUR ANCE, OR
ANY OTHER FORM OF FI NANCIAL GUARANTY OR SURETY;
(10) WORKING CAPITAL ; AND
(11) OTHER EXPENSES AS MA Y BE NECESSARY OR IN CIDENTAL TO THE
ACQUISITION OF LAND OR PROPERTY, OR THE DEVELOPMENT O R REDEVELOPMENT , Ch. 717 2022 LAWS OF MARYLAND
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INCLUDING THE COMPRE HENSIVE RENOVATION O R REHABILITATION , OF LAND OR
PROPERTY IN ACCORDAN CE WITH THIS SUBTITLE.
(E) “COUNTY” MEANS BALTIMORE COUNTY.
(F) “WEST BALTIMORE COUNTY” MEANS THE GEOGRAPHIC AREA OF
BALTIMORE COUNTY WITHIN THE BOU NDARY LINE OF LIBERTY ROAD IN THE
NORTH, BALTIMORE NATIONAL PIKE IN THE SOUTH, ROLLING ROAD IN THE WEST,
AND THE LINE BETWEEN BALTIMORE COUNTY AND BALTIMORE CITY IN THE EAST,
ALONG WITH ALL CONTI GUOUS PARCELS FOR ON E BLOCK, EXCEPT AT THE
BOUNDARY LINE BETWEE N BALTIMORE COUNTY AND BALTIMORE CITY.
12–802.
THIS SUBTITLE APPLIES ONLY IN BALTIMORE COUNTY.
12–803.
(A) IN ADDITION TO POWERS G RANTED BY LAW , THE COUNTY IS
AUTHORIZED , AS SPECIFIED BY LOCA L LAW:
(1) TO ACQUIRE, WITHIN THE BOUNDARY LINES OF WEST BALTIMORE
COUNTY, LAND AND PROPERTY OF EVERY KIND, AND ANY RIGHT , INTEREST,
FRANCHISE, EASEMENT, OR PRIVILEGE IN TH E PROPERTY, BY PURCHASE , LEASE,
GIFT, CONDEMNATION , OR ANY OTHER LEGAL M EANS, FOR RESIDENTIAL ,
COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR REDEVELOPME NT, INCLUDING
COMPREHENSIVE RENOVA TION OR REHABILITATI ON OF THE LAND OR PR OPERTY;
(2) TO DEVELOP OR REDEVELOP, INCLUDING THE COMPRE HENSIVE
RENOVATION OR REHABI LITATION OF, ANY LAND OR PROPERTY ACQUIRED BY ANY
OF THE METHODS DESCR IBED UNDER ITEM (1) OF THIS SUBSECTION ; AND
(3) TO SELL, LEASE, CONVEY, TRANSFER, OR OTHERWISE DISPOSE OF
ANY OF THE LAND OR PROPERTY, REGARDLESS OF WHETHE R THE LAND OR
PROPERTY HAS BEEN DE VELOPED, REDEVELOPED , ALTERED, OR IMPROVED AND
IRRESPECTIVE OF THE MANNER OR MEANS IN O R BY WHICH THE LAND OR PROPERTY
MAY HAVE BEEN ACQUIR ED, TO ANY PRIVATE , PUBLIC, OR QUASI–PUBLIC
CORPORAT ION, PARTNERSHIP , ASSOCIATION, PERSON, OR OTHER LEGAL ENTIT Y
FOR RESIDENTIAL , COMMERCIAL , OR INDUSTRIAL DEVELO PMENT OR
REDEVELOPMENT , INCLUDING COMPREHENS IVE RENOVATION OR RE HABILITATION
OF THE LAND OR PROPE RTY.
LAWRENCE J. HOGAN, JR., Governor Ch. 717
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(B) LAND OR PROPERTY TAKE N BY THE COUNTY F OR ANY OF THE PURPOS ES
DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E
EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER
THIS SECTION , OR BY ANY POWERS CON FERRED BY ADDITIONAL LAWS BY
EXERCISING THE POWER OF EMINENT DOMAIN , MAY NOT BE TAKEN WIT HOUT JUST
COMPENSATION , AS AGREED ON BETWEEN THE PARTIES OR AWARD ED BY A JURY,
BEING FIRST PAID OR TENDERED TO THE PART Y ENTITLED TO THAT
COMPENSATION .
(C) ALL LAND OR PROPERTY NEEDED, OR TAKEN BY THE EXER CISE OF THE
POWER OF EMINENT DOM AIN, BY THE COUNTY FOR AN Y OF THE PURPOSES
DESCRIBED UNDER SUBS ECTION (A) OF THIS SECTION OR I N CONNECTION WITH TH E
EXERCISE OF ANY OF T HE POWERS THAT MAY B E GRANTED TO THE COU NTY UNDER
THIS SECTION SHALL B E DEEMED TO BE NEEDE D OR TAKEN FOR A PUBLIC USE OR A
PUBLIC BENEFIT .
(D) LAND OR PROPERTY OWNE D BY THE FEDERAL GOV ERNMENT, THE
STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT ,
THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE COUNTY BY
EXERCISE OF THE POWER OF EMINENT DOM AIN WITHOUT THE PRIO R CONSENT OF
THE GOVERNMENT OR AG ENCY THAT OWNS THE L AND OR PROPERTY .
12–804.
(A) THE COUNTY MAY ESTABL ISH, BY LAW, A BODY CORPORATE AND
POLITIC AND AN INSTR UMENTALITY OF THE CO UNTY TO BE KNOWN AS THE “WEST
BALTIMORE COUNTY REDEVELOPMENT AUTHORITY”.
(B) THE AUTHORITY SHALL BE CR EATED WHEN THE COUNT Y:
(1) ENACTS LOCAL LAWS PR OVIDING AND CONSTITU TING THE TERMS
OF THE CHARTER FOR T HE AUTHORITY; AND
(2) FILES THE CHARTER WI TH:
(I) THE STATE DEPARTMENT OF ASSESSMENTS AND
TAXATION;
(II) THE DEPARTMENT OF LEGISLATIVE SERVICES; AND
(III) THE SECRETARY OF STATE.
(C) ON THE ADVICE OF THE AUTHORITY MEMBERS DES CRIBED UNDER
SUBSECTION(D)(1) THROUGH (5) OF THIS SECTION, THE COUNTY MAY : Ch. 717 2022 LAWS OF MARYLAND
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(1) AMEND THE AUTHORITY’S CHARTER THROUGH LO CAL LAW IF THE
AMENDMENTS ARE FILED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND
TAXATION, THE DEPARTMENT OF LEGISLATIVE SERVICES, AND THE SECRETARY OF
STATE;
(2) ALTER THE STRUCTURE , ORGANIZATION , PROGRAM, POWERS, OR
ACTIVITY OF THE AUTHORITY, UNLESS THE ALTERATIO N WOULD IMPAIR THE
AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT THAT THE
AUTHORITY ENTERED INT O BEFORE THE ALTERAT ION; AND
(3) TERMINATE THE AUTHORITY, UNLESS THE TERMINATI ON WOULD
IMPAIR THE AUTHORITY’S OBLIGATIONS UNDER A CONTRACT OR AN AGR EEMENT
THAT THE AUTHORITY ENTERED INT O BEFORE TERMINATION .
(D) THE AUTHORITY SHALL CONSI ST OF THE FOLLOWING MEMBERS:
(1) EACH MEMBER OF THE SENATE OF MARYLAND WHOSE
LEGISLATIVE DISTRICT INCLUDES A PORTION O F WEST BALTIMORE COUNTY;
(2) ONE MEMBER OF THE HOUSE OF DELEGATES FROM EACH
LEGISLATIVE DISTRICT THAT INCLUDES A PORT ION OF WEST BALTIMORE COUNTY,
DESIGNATED BY THE SPEAKER OF THE HOUSE;
(3) EACH COUNCIL PERSON WHOSE DISTRICT INCLU DES A PORTION
OF WEST BALTIMORE COUNTY;
(4) THE COUNTY ADMINISTR ATIVE OFFICER;
(5) ONE MEMBER APPOINTED BY THE COUNTY EXECUTIVE OF
BALTIMORE COUNTY; AND
(6) ELEVEN MEMBERS APPOI NTED BY THE COUNTY FROM A SLATE O F
INDIVIDUALS PREPARED BY THE AUTHORITY MEMBERS DES CRIBED UNDER ITEMS
(1) THROUGH (5) OF THIS SUBSECTION .
(E) THE SLATE OF INDIVIDU ALS DESCRIBED UNDER SUBSECTION(D)(6) OF
THIS SECTION SHALL B E DECIDED BY A MAJORITY VOTE O F THE AUTHORITY
MEMBERS DESCRIBED UN DER SUBSECTION (D)(1) THROUGH (5) OF THIS SECTION.
12–805.
LAWRENCE J. HOGAN, JR., Governor Ch. 717
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(A) SUBJECT TO § 12–804(D) OF THIS SUBTITLE, THE NUMBER , RESIDENCY
REQUIREMENTS , MEANS OF APPOINTMENT AND REMOVAL , QUALIFICATIONS , AND
TERMS OF OFFICE OF THE MEMBERS OF THE AUTHORITY SHALL BE AS SPECIFIED
BY THE COUNTY AND BA SED ON THE RECOMMEND ATION OF THE AUTHORITY
MEMBERS DESCRIBED UN DER § 12–804(D)(1) THROUGH (5) OF THIS SUBTITLE .
(B) THE OFFICERS, EMPLOYEES , AND AGENTS OF THE AUTHORITY SHALL
BE APPOINTED AND REM OVED AS SPECIFIED BY LOCAL LAW.
(C) THE EXERCISE OF ALL P OWERS, AUTHORITY, RIGHTS, AND
OBLIGATIONS OF THE AUTHORITY SHALL BE AS SPECIFIED BY THIS SU BTITLE AND
LOCAL LAW.
(D) AN ACT OF THE AUTHORITY MAY NOT BE CHALLENGED ON THE BASIS OF
THE ABSENCE OF QUALI FICATIONS OF A MEMBE R OF THE AUTHORITY IF THE
MEMBER:
(1) HAS BEEN APPOINTED B Y THE APPROPRIATE AU THORITY
DESIGNATED BY LOCAL LAW; AND
(2) HAS TAKEN THE OATH O F OFFICE.
12–806.
(A) EXCEPT AS PROVIDED IN SUBSECTION (E) (C) OF THIS SECTION , THE
COUNTY IS AUTHORIZED , BY LAW, TO DELEGATE TO THE AUTHORITY ANY OR ALL OF
THE POWERS GRANTED T O THE COUNTY UNDER § 12–803 OF THIS SUBTITLE .
(B) LAND OR PROPERTY TAKE N BY THE AUTHORITY IN ACCORDAN CE WITH
A DELEGATION OF AUTHORITY FROM THE C OUNTY BY EXERCISE OF THE POWER OF
EMINENT DOMAIN MAY N OT BE TAKEN WITHOUT JUST COMPENSATION , AS AGREED
ON BETWEEN THE PARTI ES OR AWARDED BY A J URY, BEING FIRST PAID OR
TENDERED TO THE PART Y ENTITLED TO THAT C OMPENSATION .
(C) ALL LAND OR PROPERTY NEEDED , OR TAKEN BY THE EXER CISE OF THE
POWER OF EMINENT DOM AIN, BY THE AUTHORITY IN ACCORDAN CE WITH A
DELEGATION OF AUTHOR ITY FROM THE COUNTY SHALL BE DEEMED TO B E NEEDED
OR TAKEN FOR A PUBLI C USE OR A PUBLIC BE NEFIT.
(D) LAND OR PROPERTY OW NED BY THE FEDERAL G OVERNMENT , THE
STATE, OR A LOCAL GOVERNMEN T, OR AN AGENCY OF THE FEDERAL GOVERNMENT ,
THE STATE, OR A LOCAL GOVERNMEN T, MAY NOT BE ACQUIRED BY THE AUTHORITY
BY EXERCISE OF THE P OWER OF EMINENT DOMA IN WITHOUT THE PRIOR CONSENT
OF THE GOVE RNMENT OR AGENCY OWN ING THE LAND OR PROP ERTY. Ch. 717 2022 LAWS OF MARYLAND
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(E) NOTWITHSTANDING THE D ELEGATION OF THE POW ER OF EMINENT
DOMAIN BY THE COUNTY TO THE AUTHORITY, A DECISION OF THE AUTHORITY TO
TAKE OWNER –OCCUPIED RESIDENTIAL REAL PROPERTY SHALL BE FIRST APPROVED
BY THE COUNTY COUNCIL AFTER NOTICE TO THE PROPERTY OWNE R.
(B) THE AUTHORITY MAY MAKE RE COMMENDATIONS TO THE COUNTY ON
ISSUES RELATED TO TH E COUNTY’S POWER OF EMINENT D OMAIN.
(C) THE COUNTY MAY NOT DE LEGATE THE POWER OF EMINENT DOMAIN TO
THE AUTHORITY.
12–807.
(A) FOR THE PUBLIC PURPOS ES DESCRIBED UNDER § 12–803 OF THIS
SUBTITLE AND SUBJECT TO LOCAL LAW AND THE PROVISIONS OF THIS S UBTITLE,
THE AUTHORITY MAY , WITHIN WEST BALTIMORE COUNTY:
(1) ACQUIRE, PURCHASE, OR OTHERWISE OBTAIN , HOLD, AND USE
ANY PROPERT Y, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY
INTEREST THEREIN ;
(2) LEASE AS A LESSEE AN Y PROPERTY, REAL, PERSONAL, OR MIXED,
TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN;
(3) LEASE AS LESSOR ANY PROPERTY, REAL, PERSONAL, OR MIXED,
TANGIBLE OR INTANGIBL E, OR ANY INTEREST THER EIN, AT ANY TIME ACQUIRED BY
THE AUTHORITY;
(4) MORTGAGE OR OTHERWIS E PLEDGE OR ENCUMBER ANY
PROPERTY, REAL, PERSONAL, OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY
INTEREST THEREIN , OF THE AUTHORITY; AND
(5) SELL, TRANSFER, OR CONVEY ANY PROPER TY, REAL, PERSONAL,
OR MIXED, TANGIBLE OR INTANGIB LE, OR ANY INTEREST THER EIN, ACQUIRED BY
THE AUTHORITY AT ANY TIME .
(B) THE AUTHORITY MAY ACCEPT GRANTS FROM , MAKE LOANS TO , AND
ENTER INTO CONTRACTS WITH ANY FEDERAL , STATE, OR LOCAL AGENCY OR A NY
PRIVATE ENTITY OR PA RTY.
LAWRENCE J. HOGAN, JR., Governor Ch. 717
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(C) THE AUTHORITY MAY ESTABLI SH, IMPOSE, AND COLLECT TOLLS ,
RATES, RENTALS, FEES, AND CHARGES RELATING TO THE AUTHORITY’S
UNDERTAKINGS AND PRO PERTY.
(D) THE BUDGETARY AND FIN ANCIAL PROCEDURES OF THE AUTHORITY
SHALL BE ESTABLISHED BY LOCAL LAW.
(E) NO PROVISIONS OF THE CHARTER OF THE COUNT Y OR OTHER LOCAL
LAW REGARDING THE DU TIES, POWERS, OR ORGANIZATION OF T HE AUTHORITY
APPLY TO THE AUTHORITY UNLESS THE COUNTY EXPRESSLY PRO VIDES BY LOCAL
LAW THAT TH E CHARTER PROVISION OR OTHER LOCAL LAW A PPLIES TO THE
AUTHORITY.
(F) SUBJECT TO PUBLIC GEN ERAL LAW AND LOCAL L AW, THE AUTHORITY
HAS ALL OTHER POWERS NECESSARY OR CONVENI ENT TO CARRY OUT THE
PURPOSES OF THE AUTHORITY.
12–808.
THE AUTHORITY MAY NOT BE DEEMED A MUNICIPAL CO RPORATION AS
DEFINED IN ARTICLE XI–E OF THE MARYLAND CONSTITUTION.
12–809.
(A) THE AUTHORITY MAY MAKE RU LES AND REGULATIONS FOR THE
OPERATION AND USE OF LAND, PROPERTY, AND UNDERTAKINGS UND ER THE
AUTHORITY’S JURISDICTION IN TH E MANNER PROVIDED BY L OCAL LAW.
(B) ANY VIOLATION OF THE RULES AND REGULATION S DULY ADOPTED BY
THE AUTHORITY IS A MISDEM EANOR AND IS PUNISHA BLE BY A FINE NOT TO EXCEED
$1,000 OR IMPRISONMENT FOR NOT MORE THAN 180 DAYS OR BOTH .
12–810.
(A) IN ORDER TO FINANCE OR REFINANCE , IN WHOLE OR IN PART , THE COST
OF ACQUISITION , DEVELOPMENT , OR REDEVELOPMENT , INCLUDING THE
COMPREHENSIVE RENOVA TION OR REHABILITATI ON, OF LAND OR PROPERTY FOR
RESIDENTIAL, COMMERCIAL , OR INDUSTRIAL PURPOS ES AND RELATED ACTIV ITIES
IN ACCORDANCE WITH THIS SU BTITLE, THE AUTHORITY MAY ISSUE B ONDS.
(B) (1) THE BONDS:
Ch. 717 2022 LAWS OF MARYLAND
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(I) MAY NOT CONSTITUTE A DEBT OF THE COUNTY O R A PLEDGE
OF THE FAITH AND CRE DIT OF THE COUNTY , THE STATE, OR ANY POLITICAL
SUBDIVISION OF THE STATE;
(II) MAY NOT BE CON SIDERED OBLIGATIONS OF THE COUNTY
FOR PURPOSES OF ANY DEBT LIMITATION IMPO SED ON THE COUNTY UN DER ANY
CONSTITUTIONAL , STATUTORY, OR OTHER CHARTER PRO VISION; AND
(III) SHALL BE APPROVED BY THE GOVERNING BODY O F THE
COUNTY PRIOR TO THEI R ISSUANCE.
(2) THE BONDS, THE BORROWING WHICH THEY REPRESENT , AND THE
UNDERTAKING WHICH IS BEING FINANCED OR RE FINANCED ARE NOT SUB JECT TO
ANY REFERENDUM REQUI REMENTS OF THE CHART ER OF THE COUNTY .
(C) (1) THE BONDS MAY BE MADE PAYABLE AS TO PRINCI PAL, INTEREST,
AND REDEMPTION PREMIUM AS DETERMINED IN ACCORD ANCE WITH LOCAL LAW ,
INCLUDING FROM INCOM E, RECEIPTS, PROCEEDS, REVENUES, AND FUNDS OF THE
AUTHORITY DERIVED FRO M OR AVAILABLE OR TO BE AVAILABLE IN CONN ECTION
WITH ANY UNDERTAKING FOR THE ACCOMPLISHME NT OF THE PURPO SES AND
OBJECTIVES MENTIONED IN OR CONTEMPLATED B Y THIS SUBTITLE, INCLUDING:
(I) THE PROCEEDS OF LOAN S, GRANTS, OR CONTRIBUTIONS
FROM THE UNITED STATES OF AMERICA, THE STATE OF MARYLAND, OR ANY
DEPARTMENT OR AGENCY THEREOF, ANY FUNDS OF THE COU NTY THAT MAY BE
LAWFULLY AVAILABLE , OR ANY OTHER SOURCE AND COMPENSATION PAI D FROM
APPROPRIATED FUNDS B Y THE COUNTY FOR LAN D OR PROPERTY RETAIN ED BY THE
COUNTY; OR
(II) ANY CONTRACT OR AGRE EMENT OR RIGHTS THER EUNDER
BETWEEN THE UNITED STATES, THE STATE OF MARYLAND, OR ANY DEPARTMENT
OR AGENCY THEREOF , OR ANY OTHER PUBLIC OR PRIVATE ENTITY OR INDIVIDUAL,
AND THE AUTHORITY WITH RESPEC T TO ANY UNDERTAKING S FOR THE
ACCOMPLISHMENT OF TH E PURPOSES AND OBJEC TIVES MENTIONED IN O R
CONTEMPLATED BY THE PROVISIONS OF THIS SUBTITLE.
(2) PAYMENT OF THE BONDS , AS TO PRINCIPAL , INTEREST, AND
REDEMPTION PREMIUM , MAY BE FURTHER SECUR ED BY A MORTGAGE OF ALL OR
ANY PART OF LAND , PROPERTY, OR DEVELOPMENT OR RE DEVELOPMENT PROJECTS ,
TITLE TO WHICH IS IN THE AUTHORITY OR ANY OTHE R PUBLIC OR PRIVATE EN TITY
OR INDIVIDUAL, AS DETERMINED IN ACC ORDANCE WITH LOCAL L AW.
LAWRENCE J. HOGAN, JR., Governor Ch. 717
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(D) BY RESOLUTION, THE AUTHORITY MAY DETERMI NE ALL MATTERS WITH
RESPECT TO THE ISSUA NCE, SALE, DELIVERY, AND PAYMENT OF AND F OR THE
BONDS, INCLUDING THE ISSUE DATE OR DATES, MATURITY OR MATURITI ES,
INTEREST RATE OR RAT ES OR MANNER OF DETE RMINING INTEREST , TERMS, FORM
OR FORMS, DENOMINATION OR DENO MINATIONS, MANNER OF EXECUTION , PLACE
OR PLACES OF PAYMENT , SOURCE OR SOURCES OF PAYMENT, REDEMPTION ,
REFUNDING, SALE PRICE, MANNER OF SALE , SECURITY, AND THE FORMS OF ANY
NECESSARY OR APPROPR IATE DOCUMENTS , INCLUDING TRUST INDE NTURES,
ESCROW AGREEMENTS , AND MORTGAGES .
(E) (1) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (B) OF THIS
SECTION AND TO THE E XTENT NOT INCONSISTE NT WITH ANY CONSTITUTION AL OR
CHARTER PROVISION OR PUBLIC GENERAL LAW , ANY ISSUE OF BONDS M AY BE
GUARANTEED , IN WHOLE OR IN PART , AS TO PAYMENT OF PRI NCIPAL, INTEREST, OR
REDEMPTION PREMIUM , BY AND UPON THE FULL FAITH AND CREDIT OF THE
COUNTY.
(2) THE GUARANTEE OF THE COUNTY B Y AND UPON THE FULL FAITH
AND CREDIT OF THE CO UNTY CONCERNING THE PAYMENT OF THE PRINC IPAL OF, OR
INTEREST OR REDEMPTI ON PREMIUM ON , ANY BONDS IS SUBJECT TO ANY
APPLICABLE REFERENDU M REQUIREMENTS OF TH E CHARTER OF THE COU NTY.
(F) THE BONDS, THE TRANSFER OF THE BONDS, THE INTEREST PAYABLE ON
THE BONDS, AND ANY INCOME DERIV ED FROM THE BONDS , INCLUDING ANY PROFIT
REALIZED IN THE SALE OR EXCHANGE OF THE B ONDS, SHALL BE EXEMPT AT A LL
TIMES FROM TAXATION BY THE STATE OR ANY COUNTY , MUNICIPAL CORPORATION ,
OR PUBLIC AGENCY OF ANY KIND.
(G) THE BONDS ARE EXEMPT FROM THE PROVISIONS OF §§ 19–205 AND
19–206 OF THE LOCAL GOVERNMENT ARTICLE.
(H) (1) A PLEDGE BY THE AUTHORITY OF REVENUES AS SECURITY FOR
AN ISSUE OF BONDS SH ALL BE VALID AND BIN DING FROM THE TIME THE PLEDGE IS
MADE.
(2) REVENUES PLEDGED BY T HE AUTHORITY ARE SUBJECT
IMMEDIATELY TO THE L IEN OF THE PLEDGE WI THOUT ANY PHYSICAL D ELIVERY OR
FURTHER ACT .
(3) THE LIEN OF ANY PLEDG E IS VALID AND BINDI NG AGAINST ANY
PERSON HAVING ANY CL AIM OF ANY KIND IN T ORT, CONTRACT, OR OTHERWISE
AGAINST THE AUTHORITY, WHETHER OR NOT THE P ERSON HAS NOTICE OF THE
LIEN. Ch. 717 2022 LAWS OF MARYLAND
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(4) NOTWITHSTANDING ANY P ROVISION OF PUBLIC G ENERAL OR
PUBLIC LOCAL LAW , PERFECTION AGAINST T HIRD PARTIES OF A LI EN OF A PLEDGE
BY THE AUTHORITY OF THE AUTHORITY’S REVENUES DOES NOT REQUIRE THE
FILING OR RECORDING OF A RESOLUTION , TRUST AGREEMENT , FINANCING
STATEMENT, CONTINUATION , OR OTHER STATEMENT O R INSTRUMENT ADOPTED OR
ENTERED INTO BY THE AUTHORITY IN ANY PUBL IC RECORD OTHER THAN THE
RECORDS OF THE AUTHORITY.
(I) (1) UNLESS THE BONDS ARE GUARANTEED BY AND UP ON THE FULL
FAITH AND CREDIT OF THE COUNTY AND ARE A PPROVED IN A REFEREN DUM BY THE
VOTERS OF THE COUNTY IN ACCORDANCE WITH S UBSECTION (E) OF THIS SECTION,
THE AUTHORITY MAY N OT ISSUE BONDS UNDER THIS SECTION UNTIL A FTER THE
AUTHORITY HAS HELD A PUBLIC HEARING IN TH E COUNTY ON THE PROP OSED
BONDS.
(2) THE AUTHORITY SHALL NOTIF Y THE BALTIMORE COUNTY
DELEGATIONS OF THE HOUSE OF DELEGATES AND THE SENATE OF MARYLAND OF
A PROPOSED ISSUANCE OF BONDS AT LEAST 2 WEEKS BEFORE HOLDING THE PUBLIC
HEARING REQUIRED UND ER PARAGRAPH (1) OF THIS SUBSECTION .
12–811.
AS SPECIFIED BY LOCAL LAW AND TO THE EXTEN T NOT INCONSISTENT W ITH
ANY CONSTITUTIONAL O R CHARTER PROVISION OR ANY PUBLIC GENERA L OR
PUBLIC LOCAL LAW , THE COUNTY MAY :
(1) ASSIGN, PLEDGE, GRANT, CONTRIBUTE , OR PROVIDE TO THE
REDEVELOPMENT AUTHOR ITY ANY TAXES, RATES, RENTALS, FEES, CHARGES, OR
OTHER FUNDS HELD OR RECEIVABLE BY THE CO UNTY FOR ANY PURPOSE , AND
ASSIGN, PLEDGE, LEASE, OR OTHERWISE CONVEY TO THE AUTHORITY, OR
ENCUMBER ANY LAND OR PROPERTY OWNED OR OT HERWISE HELD BY THE COUNTY,
INCLUDING AS ADDITIO NAL SECURITY FOR ANY BONDS OF THE AUTHORITY; AND
(2) (I) ADVANCE AMOUNTS TO T HE AUTHORITY FOR ANY PUR POSE,
INCLUDING PAYME NT OF PRELIMINARY EX PENDITURES RELATING TO ANY
UNDERTAKINGS OF THE AUTHORITY OR FOR DEFI CIENCIES IN DEBT SER VICES
REQUIREMENTS ; AND
(II) PROVIDE FOR THE REPA YMENT OR FORGIVENESS OF THE
ADVANCES.
12–812. LAWRENCE J. HOGAN, JR., Governor Ch. 717
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NOTWITHSTANDING ANY O THER PROVISION OF TH IS SUBTITLE AND TO THE
EXTENT NOT INCONSIST ENT WITH ANY CONSTIT UTIONAL OR CHARTER P ROVISION
OR ANY PUBLIC GENERA L OR PUBLIC LOCAL LA W, THE AUTHORITY, AS PROVIDED
BY LOCAL LAW, MAY:
(1) RECEIVE AND APPLY TO THE AUTHORITY’S CORPORATE
PURPOSES AND UNDERTA KINGS ANY GRANTS, CONTRIBUTIONS , PLEDGES, LOANS,
OR OTHER AMOUNTS FRO M THE STATE, THE COUNTY, THE FEDERAL GOVERNME NT,
ANY OTHER GOVERNMENT AL UNIT, OR ANY PUBLIC OR PRI VATE ENTITY OR PARTY ;
AND
(2) TO THE EXTENT NOT IN CONSISTENT WITH ANY CONTRACT,
INSTRUMENT , OR LAW RELATING TO A GRANT, A CONTRIBUTION , A PLEDGE, A LOAN,
OR ANY OTHER AMOUNT , PLEDGE THE RECEIPTS AS SECURITY FOR ANY OF THE
AUTHORITY’S BONDS.
12–813.
(A) THE PROPERTY OWNED OR HELD BY AND THE REVE NUES OF THE
AUTHORITY ARE EXEMPT FROM TAXATION OF EVERY KIND BY THE STATE OR ANY
COUNTY, MUNICIPAL CORPORATIO N, OR PUBLIC UNIT.
(B) NOTWITHSTANDING THE P ROVISIONS OF SUBSECT ION (A) OF THIS
SECTION, ON A REQUEST OF THE AUTHORITY, THE COUNTY , BY LOCAL LAW , MAY
PROVIDE FOR A NEGOTI ATED PAYMENT IN LIEU OF TAXES FOR PROPERTY OW NED
OR HELD BY THE AUTHORITY.
12–814.
(A) THE NET EARNINGS OF T HE AUTHORITY, APART FROM THOSE
NECESSARY TO PAY DEB T SERVICE OR TO IMPL EMENT THE PURPOSES O F THIS
SUBTITLE, MAY NOT INURE TO THE BENEFIT OF ANY PERSO N OTHER THAN THE
COUNTY.
(B) ON TERMINATION OF THE AUTHORITY, ALL RIGHTS AND TITLE TO ALL
ASSETS OF THE AUTHORITY SHALL VEST IN, AND ALL OBLIGATIONS AND LIABILITIES
OF THE AUTHORITY MAY BE TRAN SFERRED TO AND ASSUM ED BY, THE COUNTY.
12–815.
NOTWITHSTANDING ANY O THER PROVISION OF THIS SU BTITLE, THE
AUTHORITY SHALL COMPL Y WITH ALL APPLICABL E ZONING AND PLANNIN G
REQUIREMENTS . Ch. 717 2022 LAWS OF MARYLAND
– 14 –
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2022.
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.