EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0685*
SENATE BILL 685
C8 2lr2797
By: Senator Ellis
Introduced and read first time: February 4, 2022
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Economic Development – Maryland Stadium Authority – Charles County 2
Multicultural Recreational and Amphitheatre Facilities 3
FOR the purpose of authorizing the Maryland Stadium Authority to review certain matters 4
and make certain recommendations relating to the Charles County Multicultural 5
Recreational and Amphitheatre Facilities; authorizing the Authority to acquire and 6
finance by certain means a Charles County Multicultural Recreational and 7
Amphitheatre Facilities site or an interest in the site; establishing the Charles 8
County Multicultural Recreational and Amphitheatre Facilities Fund as a 9
continuing, nonlapsing fund; and generally relating to financing and construction of 10
the Charles County Multicultural Recreational and Amphitheatre Facilities. 11
BY renumbering 12
Article – Economic Development 13
Section 10–601(p) through (eee), respectively 14
to be Section 10–601(s) through (hhh), respectively 15
Annotated Code of Maryland 16
(2018 Replacement Volume and 2021 Supplement) 17
BY repealing and reenacting, without amendments, 18
Article – Economic Development 19
Section 10–601(a) and (b), 10–618(a), 10–620(a)(1), and 10–628(a) 20
Annotated Code of Maryland 21
(2018 Replacement Volume and 2021 Supplement) 22
BY adding to 23
Article – Economic Development 24
Section 10–601(p) through (r), 10–646.3, and 10–657.5 25
Annotated Code of Maryland 26
(2018 Replacement Volume and 2021 Supplement) 27
2 SENATE BILL 685
BY repealing and reenacting, with amendments, 1
Article – Economic Development 2
Section 10–601(v) 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2021 Supplement) 5
(As enacted by Section 1 of this Act) 6
(As enacted by Chapters 20 and 590 of the Acts of the General Assembly of 2020) 7
BY repealing and reenacting, with amendments, 8
Article – Economic Development 9
Section 10–613(a)(14) and (b), 10–618(b), 10–620(d) and (e), 10–625(a), and 10–628(c) 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2021 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – State Finance and Procurement 14
Section 6–226(a)(2)(i) 15
Annotated Code of Maryland 16
(2021 Replacement Volume) 17
BY repealing and reenacting, with amendments, 18
Article – State Finance and Procurement 19
Section 6–226(a)(2)(ii)144. and 145. 20
Annotated Code of Maryland 21
(2021 Replacement Volume) 22
BY adding to 23
Article – State Finance and Procurement 24
Section 6–226(a)(2)(ii)146. 25
Annotated Code of Maryland 26
(2021 Replacement Volume) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That Section(s) 10–601(p) through (eee), respectively, of Article – Economic Development 29
of the Annotated Code of Maryland be renumbered to be Section(s) 10–601(s) through (hhh), 30
respectively. 31
SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 32
as follows: 33
Article – Economic Development 34
10–601. 35
(a) In this subtitle the following words have the meanings indicated. 36
(b) “Authority” means the Maryland Stadium Authority. 37 SENATE BILL 685 3
(P) (1) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 1
AMPHITHEATRE FACILITIES” MEANS THE EVENTS FACILITY LOCATED IN CHARLES 2
COUNTY, MARYLAND, USED FOR COMMUNITY E VENTS, RECREATIONAL EVENTS , 3
AND OTHER RELATED AC TIVITIES. 4
(2) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 5
AMPHITHEATRE FACILITIES” INCLUDES: 6
(I) FIELDS AND AMPHITHEATERS ; 7
(II) OFFICES; 8
(III) PARKING LOTS AND GARAGES ; 9
(IV) ACCESS ROADS ; 10
(V) FOOD SERVICE FACILITIES ; AND 11
(VI) OTHER FUNCTIONALLY RELATED STRUCTURES AND 12
IMPROVEMENTS . 13
(Q) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 14
AMPHITHEATRE FACILITIES FUND” MEANS THE CHARLES COUNTY 15
MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES FUND 16
ESTABLISHED UNDER § 10–657.5 OF THIS SUBTITLE . 17
(R) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 18
AMPHITHEATRE FACILITIES SITE” MEANS THE SITE OF TH E CHARLES COUNTY 19
MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES IN CHARLES 20
COUNTY, MARYLAND. 21
(v) “Facility” means: 22
(1) a structure or other improvement developed at Camden Yards; 23
(2) a convention facility; 24
(3) the Hippodrome Performing Arts facility; 25
(4) a sports facility; 26
(5) a Baltimore City public school facility; 27
4 SENATE BILL 685
(6) a racing facility; 1
(7) a public school facility; [or] 2
(8) the Hagerstown Multi–Use Sports and Events Facility; OR 3
(9) THE CHARLES COUNTY MULTICULTURAL RECREATIONA L AND 4
AMPHITHEATRE FACILITY. 5
10–613. 6
(a) The Authority may: 7
(14) with respect to site acquisition, construction, and development of the 8
Hippodrome Performing Arts facility [and], the Hagerstown Multi–Use Sports and Events 9
Facility, AND THE CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 10
AMPHITHEATRE FACILITIES, establish and participate in Authority affiliates; 11
(b) The Authority may review and make recommendations on proposed 12
convention center facilities, the Hippodrome Performing Arts facility, [and] the 13
Hagerstown Multi–Use Sports and Events Facility, AND THE CHARLES COUNTY 14
MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES, including the 15
expansion and enhancement of the Baltimore City Convention Center and the Ocean City 16
Convention Center and the development and construction of the Montgomery County 17
Conference Center, the Hippodrome Performing Arts Center, [and] the Hagerstown 18
Multi–Use Sports and Events Facility, AND THE CHARLES COUNTY MULTICULTURAL 19
RECREATIONAL AND AMPHITHEATRE FACILITIES, with respect to location, purpose, 20
design, function, capacity, parking, costs, funding mechanisms, and revenue alternatives, 21
with specific recommendations on: 22
(1) the level of support from the private sector; 23
(2) the type of support from the private sector; 24
(3) special taxing sources; 25
(4) projected revenues; 26
(5) bonding authority and the source of debt service; and 27
(6) the fiscal impact on the State of any revenue alternatives. 28
10–618. 29
(a) (1) Except as provided in paragraph (2) of this subsection, contracts to 30
acquire any facility site, to construct the facility, or for construction on the facility site 31 SENATE BILL 685 5
require the prior approval of the Board of Public Works. 1
(2) Contracts to construct a public school facility or for construction on a 2
public school site do not require the prior approval of the Board of Public Works. 3
(b) The Authority may: 4
(1) acquire by any of the means specified in § 10–620(a) of this subtitle: 5
(i) a site at Camden Yards for a facility; 6
(ii) a Baltimore Convention site or an interest in the site; 7
(iii) an Ocean City Convention site or an interest in the site; 8
(iv) a Montgomery County Conference site or an interest in the site; 9
(v) a Hippodrome Performing Arts site or an interest in the site; 10
[and] 11
(vi) a Hagerstown Multi–Use Sports and Events Facility site or an 12
interest in the site; and 13
(VII) A CHARLES COUNTY MULTICULTURAL RECREATIONAL 14
AND AMPHITHEATRE FACILITIES SITE OR AN INTEREST IN THE SITE; AND 15
(2) construct or enter into a contract to construct a facility on a site it 16
acquires under this subsection. 17
10–620. 18
(a) (1) Subject to annual appropriations and this subtitle, the Authority may 19
acquire in its own name, by gift, purchase, or condemnation, any property or interest in 20
property necessary or convenient to construct, improve, or operate a facility. 21
(d) (1) The exercise of authority under this subsection is subject to the prior 22
approval of the Board of Public Works. 23
(2) On request of the Authority, the State, a unit of the State, or a political 24
subdivision may lease, lend, grant, or otherwise convey to the Authority, property, 25
including property devoted to public use, as necessary or convenient for the purposes of this 26
subtitle. 27
(3) The State may lease or sublease a facility, or an interest in a facility, 28
from or to the Authority, whether or not constructed or usable. 29
(4) Lease payments to the Authority appropriated by the State shall be 30 6 SENATE BILL 685
transferred to: 1
(i) the Baltimore Convention Fund if appropriated for a Baltimore 2
Convention facility; 3
(ii) the Camden Yards Fund if appropriated for a sports facility or 4
other facility at Camden Yards; 5
(iii) the Hippodrome Performing Arts Fund if appropriated for a 6
Hippodrome Performing Arts facility; 7
(iv) the Montgomery County Conference Fund if appropriated for a 8
Montgomery County Conference facility; 9
(v) the Ocean City Convention Fund if appropriated for an Ocean 10
City Convention facility; [or] 11
(vi) the Hagerstown Multi–Use Sports and Events Facility Fund if 12
appropriated for a Hagerstown Multi–Use Sports and Events Facility; OR 13
(VII) THE CHARLES COUNTY MULTICULTURAL RECREATIONAL 14
AND AMPHITHEATRE FACILITIES. 15
(e) (1) This subsection does not apply to the Camden Yards site, Baltimore 16
Convention site, Ocean City Convention site, Hippodrome Performing Arts site, any 17
Baltimore City public school site, any racing facility, the Hagerstown Multi–Use Sports and 18
Events Facility site, any supplemental facility site, THE CHARLES COUNTY 19
MULTICULTURAL RECREATIONAL A ND AMPHITHEATRE FACILITIES, or any public 20
school site. 21
(2) The Authority and any Authority affiliate are subject to applicable 22
planning, zoning, and development regulations to the same extent as a private commercial 23
or industrial enterprise. 24
10–625. 25
(a) Except as provided in subsection (b) of this section, the Authority shall submit: 26
(1) an annual detailed report of the activities and financial status of the 27
Authority to the Governor, and, in accordance with § 2–1257 of the State Government 28
Article, the General Assembly; and 29
(2) annual reports on the additional tax revenues generated by each of the 30
following facilities, prepared in cooperation with the Office of the Comptroller and the 31
Department of Budget and Management: 32
SENATE BILL 685 7
(i) the Baltimore Convention facility; 1
(ii) the Hippodrome Performing Arts facility; 2
(iii) the Montgomery County Conference facility; 3
(iv) the Ocean City Convention facility; [and] 4
(v) the Hagerstown Multi–Use Sports and Events Facility; AND 5
(VI) THE CHARLES COUNTY MULTICULTURAL RECREATIONAL 6
AND AMPHITHEATRE FACILITIES. 7
10–628. 8
(a) Except as provided in subsections (b) and (c) of this section and subject to the 9
prior approval of the Board of Public Works, the Authority may issue bonds at any time for 10
any corporate purpose of the Authority, including the establishment of reserves and the 11
payment of interest. 12
(c) (1) Unless authorized by the General Assembly, the Board of Public Works 13
may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 14
that constitute tax supported debt or nontax supported debt if, after issuance, there would 15
be outstanding and unpaid more than the following face amounts of the bonds for the 16
purpose of financing acquisition, construction, renovation, and related expenses for 17
construction management, professional fees, and contingencies in connection with: 18
(i) the Baltimore Convention facility – $55,000,000; 19
(ii) the Hippodrome Performing Arts facility – $20,250,000; 20
(iii) the Montgomery County Conference facility – $23,185,000; 21
(iv) the Ocean City Convention facility – $24,500,000; 22
(v) Baltimore City public school facilities – $1,100,000,000; 23
(vi) supplemental facilities – $25,000,000; 24
(vii) racing facilities – $375,000,000; 25
(viii) public school facilities in the State – $2,200,000,000; [and] 26
(ix) the Hagerstown Multi –Use Sports and Events 27
Facility – $59,500,000; AND 28
8 SENATE BILL 685
(X) THE CHARLES COUNTY MULTICULTURAL RECREATIONAL 1
AND AMPHITHEATRE FACILITIES – $45,000,000. 2
(2) (i) The limitation under paragraph (1)(i) of this subsection applies 3
to the aggregate principal amount of bonds outstanding as of June 30 of any year. 4
(ii) Refunded bonds may not be included in the determination of an 5
outstanding aggregate amount under this paragraph. 6
10–646.3. 7
(A) EXCEPT AS AUTHORIZED BY § 10–639 OF THIS SUBTITLE , TO FINANCE 8
SITE ACQUISITION , DESIGN, AND CONSTRUCTION OF ANY SEGMENT OF THE 9
CHARLES COUNTY MULTICULTURAL RECREATIONAL AND AMPHITHEATRE 10
FACILITIES, THE AUTHORITY SHALL COMPLY WITH THIS SEC TION. 11
(B) AT LEAST 45 DAYS BEFORE SEEKING APPROVAL OF THE BOARD OF 12
PUBLIC WORKS FOR EACH BOND I SSUE OR OTHER BORROW ING, THE AUTHORITY 13
SHALL PROVIDE TO THE FISCAL COMMITTEES OF THE GENERAL ASSEMBLY, IN 14
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A 15
COMPREHENSIVE FINANC ING PLAN FOR THE REL EVANT SEGMENT OF THE FACILITY. 16
(C) THE AUTHORITY SHALL OBTAI N THE APPROVAL OF TH E BOARD OF 17
PUBLIC WORKS OF THE PROPOSED BOND ISSUE AND THE F INANCING PLAN . 18
10–657.5. 19
(A) IN THIS SECTION , “FUND” MEANS THE CHARLES COUNTY 20
MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES FUND. 21
(B) THERE IS A CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 22
AMPHITHEATRE FACILITIES FUND. 23
(C) THE PURPOSE OF THE FUND IS TO ENABLE THE AUTHORITY TO: 24
(1) USE THE FUND AS A REVOLVING F UND FOR IMPLEMENTING THIS 25
SUBTITLE AS IT RELAT ES TO THE CHARLES COUNTY MULTICULTURAL 26
RECREATIONAL AND AMPHITHEATRE FACILITIES; AND 27
(2) PAY ANY EXPENSES INC URRED BY THE AUTHORITY THAT ARE 28
RELATED TO THE CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 29
AMPHITHEATRE FACILITIES. 30
(D) THE AUTHORITY SHALL ADMIN ISTER THE FUND. 31 SENATE BILL 685 9
(E) (1) THE FUND IS A CONTINUING , NONLAPSING FUND THAT IS NOT 1
SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 2
PROCUREMENT ARTICLE. 3
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 4
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 5
(F) (1) TO THE EXTENT CONSIDE RED APPROPRIATE BY T HE AUTHORITY, 6
THE RECEIPTS OF THE FUND SHALL BE PLEDGED TO AND CHARGED WITH THE 7
FOLLOWING RELATING T O THE CHARLES COUNTY MULTICULTURAL 8
RECREATIONAL AND AMPHITHEATRE FACILITIES: 9
(I) PAYMENT OF DEBT SERV ICE ON AUTHORITY BONDS ; 10
(II) ALL REASONABLE CHARG ES AND EXPENSES RELA TED TO 11
THE AUTHORITY’S BORROWING ; AND 12
(III) THE MANAGEMENT OF AUTHORITY OBLIGATIONS . 13
(2) THE PLEDGE SHALL BE E FFECTIVE AS PROVIDED IN § 10–634 OF 14
THIS SUBTITLE. 15
(G) THE FUND CONSISTS OF : 16
(1) MONEY APPROPRIATED F OR DEPOSIT IN THE FUND; 17
(2) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER 18
THIS SUBTITLE CONCER NING THE CHARLES COUNTY MULTICULTURAL 19
RECREATIONAL AND AMPHITHEATRE FACILITIES; AND 20
(3) ANY ADDITIONAL MONEY MADE AVAILABLE FROM ANY PUBLIC OR 21
PRIVATE SOURCE FOR T HE PURPOSES ESTABLIS HED FOR THE FUND. 22
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
IN THE SAME MANNER AS OT HER STATE MONEY MAY BE IN VESTED. 24
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE PAID IN TO THE 25
FUND. 26
Article – State Finance and Procurement 27
6–226. 28
10 SENATE BILL 685
(a) (2) (i) Notwithstanding any other provision of law, and unless 1
inconsistent with a federal law, grant agreement, or other federal requirement or with the 2
terms of a gift or settlement agreement, net interest on all State money allocated by the 3
State Treasurer under this section to special funds or accounts, and otherwise entitled to 4
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5
Fund of the State. 6
(ii) The provisions of subparagraph (i) of this paragraph do not apply 7
to the following funds: 8
144. the Health Equity Resource Community Reserve Fund; 9
[and] 10
145. the Access to Counsel in Evictions Special Fund; AND 11
146. THE CHARLES COUNTY MULTICULTURAL 12
RECREATIONAL AND AMPHITHEATRE FACILITIES FUND. 13
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
October 1, 2022. 15