Maryland 2022 Regular Session

Maryland Senate Bill SB685 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0685
6	6
7	7	SENATE BILL 685
8	8	C8 2lr2797
9	9
10	10	By: Senator Ellis
11	11	Introduced and read first time: February 4, 2022
12	12	Assigned to: Budget and Taxation
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Economic Development – Maryland Stadium Authority – Charles County 2
19	19	Multicultural Recreational and Amphitheatre Facilities 3
20	20
21	21	FOR the purpose of authorizing the Maryland Stadium Authority to review certain matters 4
22	22	and make certain recommendations relating to the Charles County Multicultural 5
23	23	Recreational and Amphitheatre Facilities; authorizing the Authority to acquire and 6
24	24	finance by certain means a Charles County Multicultural Recreational and 7
25	25	Amphitheatre Facilities site or an interest in the site; establishing the Charles 8
26	26	County Multicultural Recreational and Amphitheatre Facilities Fund as a 9
27	27	continuing, nonlapsing fund; and generally relating to financing and construction of 10
28	28	the Charles County Multicultural Recreational and Amphitheatre Facilities. 11
29	29
30	30	BY renumbering 12
31	31	Article – Economic Development 13
32	32	Section 10–601(p) through (eee), respectively 14
33	33	to be Section 10–601(s) through (hhh), respectively 15
34	34	Annotated Code of Maryland 16
35	35	(2018 Replacement Volume and 2021 Supplement) 17
36	36
37	37	BY repealing and reenacting, without amendments, 18
38	38	Article – Economic Development 19
39	39	Section 10–601(a) and (b), 10–618(a), 10–620(a)(1), and 10–628(a) 20
40	40	Annotated Code of Maryland 21
41	41	(2018 Replacement Volume and 2021 Supplement) 22
42	42
43	43	BY adding to 23
44	44	Article – Economic Development 24
45	45	Section 10–601(p) through (r), 10–646.3, and 10–657.5 25
46	46	Annotated Code of Maryland 26
47	47	(2018 Replacement Volume and 2021 Supplement) 27
48	48	2 SENATE BILL 685
49	49
50	50
51	51	BY repealing and reenacting, with amendments, 1
52	52	Article – Economic Development 2
53	53	Section 10–601(v) 3
54	54	Annotated Code of Maryland 4
55	55	(2018 Replacement Volume and 2021 Supplement) 5
56	56	(As enacted by Section 1 of this Act) 6
57	57	(As enacted by Chapters 20 and 590 of the Acts of the General Assembly of 2020) 7
58	58
59	59	BY repealing and reenacting, with amendments, 8
60	60	Article – Economic Development 9
61	61	Section 10–613(a)(14) and (b), 10–618(b), 10–620(d) and (e), 10–625(a), and 10–628(c) 10
62	62	Annotated Code of Maryland 11
63	63	(2018 Replacement Volume and 2021 Supplement) 12
64	64
65	65	BY repealing and reenacting, without amendments, 13
66	66	Article – State Finance and Procurement 14
67	67	Section 6–226(a)(2)(i) 15
68	68	Annotated Code of Maryland 16
69	69	(2021 Replacement Volume) 17
70	70
71	71	BY repealing and reenacting, with amendments, 18
72	72	Article – State Finance and Procurement 19
73	73	Section 6–226(a)(2)(ii)144. and 145. 20
74	74	Annotated Code of Maryland 21
75	75	(2021 Replacement Volume) 22
76	76
77	77	BY adding to 23
78	78	Article – State Finance and Procurement 24
79	79	Section 6–226(a)(2)(ii)146. 25
80	80	Annotated Code of Maryland 26
81	81	(2021 Replacement Volume) 27
82	82
83	83	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
84	84	That Section(s) 10–601(p) through (eee), respectively, of Article – Economic Development 29
85	85	of the Annotated Code of Maryland be renumbered to be Section(s) 10–601(s) through (hhh), 30
86	86	respectively. 31
87	87
88	88	SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 32
89	89	as follows: 33
90	90
91	91	Article – Economic Development 34
92	92
93	93	10–601. 35
94	94
95	95	(a) In this subtitle the following words have the meanings indicated. 36
96	96
97	97	(b) “Authority” means the Maryland Stadium Authority. 37 SENATE BILL 685 3
98	98
99	99
100	100
101	101	(P) (1) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 1
102	102	AMPHITHEATRE FACILITIES” MEANS THE EVENTS FACILITY LOCATED IN CHARLES 2
103	103	COUNTY, MARYLAND, USED FOR COMMUNITY E VENTS, RECREATIONAL EVENTS , 3
104	104	AND OTHER RELATED AC TIVITIES. 4
105	105
106	106	(2) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 5
107	107	AMPHITHEATRE FACILITIES” INCLUDES: 6
108	108
109	109	(I) FIELDS AND AMPHITHEATERS ; 7
110	110
111	111	(II) OFFICES; 8
112	112
113	113	(III) PARKING LOTS AND GARAGES ; 9
114	114
115	115	(IV) ACCESS ROADS ; 10
116	116
117	117	(V) FOOD SERVICE FACILITIES ; AND 11
118	118
119	119	(VI) OTHER FUNCTIONALLY RELATED STRUCTURES AND 12
120	120	IMPROVEMENTS . 13
121	121
122	122	(Q) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 14
123	123	AMPHITHEATRE FACILITIES FUND” MEANS THE CHARLES COUNTY 15
124	124	MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES FUND 16
125	125	ESTABLISHED UNDER § 10–657.5 OF THIS SUBTITLE . 17
126	126
127	127	(R) “CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 18
128	128	AMPHITHEATRE FACILITIES SITE” MEANS THE SITE OF TH E CHARLES COUNTY 19
129	129	MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES IN CHARLES 20
130	130	COUNTY, MARYLAND. 21
131	131
132	132	(v) “Facility” means: 22
133	133
134	134	(1) a structure or other improvement developed at Camden Yards; 23
135	135
136	136	(2) a convention facility; 24
137	137
138	138	(3) the Hippodrome Performing Arts facility; 25
139	139
140	140	(4) a sports facility; 26
141	141
142	142	(5) a Baltimore City public school facility; 27
143	143	4 SENATE BILL 685
144	144
145	145
146	146	(6) a racing facility; 1
147	147
148	148	(7) a public school facility; [or] 2
149	149
150	150	(8) the Hagerstown Multi–Use Sports and Events Facility; OR 3
151	151
152	152	(9) THE CHARLES COUNTY MULTICULTURAL RECREATIONA L AND 4
153	153	AMPHITHEATRE FACILITY. 5
154	154
155	155	10–613. 6
156	156
157	157	(a) The Authority may: 7
158	158
159	159	(14) with respect to site acquisition, construction, and development of the 8
160	160	Hippodrome Performing Arts facility [and], the Hagerstown Multi–Use Sports and Events 9
161	161	Facility, AND THE CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 10
162	162	AMPHITHEATRE FACILITIES, establish and participate in Authority affiliates; 11
163	163
164	164	(b) The Authority may review and make recommendations on proposed 12
165	165	convention center facilities, the Hippodrome Performing Arts facility, [and] the 13
166	166	Hagerstown Multi–Use Sports and Events Facility, AND THE CHARLES COUNTY 14
167	167	MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES, including the 15
168	168	expansion and enhancement of the Baltimore City Convention Center and the Ocean City 16
169	169	Convention Center and the development and construction of the Montgomery County 17
170	170	Conference Center, the Hippodrome Performing Arts Center, [and] the Hagerstown 18
171	171	Multi–Use Sports and Events Facility, AND THE CHARLES COUNTY MULTICULTURAL 19
172	172	RECREATIONAL AND AMPHITHEATRE FACILITIES, with respect to location, purpose, 20
173	173	design, function, capacity, parking, costs, funding mechanisms, and revenue alternatives, 21
174	174	with specific recommendations on: 22
175	175
176	176	(1) the level of support from the private sector; 23
177	177
178	178	(2) the type of support from the private sector; 24
179	179
180	180	(3) special taxing sources; 25
181	181
182	182	(4) projected revenues; 26
183	183
184	184	(5) bonding authority and the source of debt service; and 27
185	185
186	186	(6) the fiscal impact on the State of any revenue alternatives. 28
187	187
188	188	10–618. 29
189	189
190	190	(a) (1) Except as provided in paragraph (2) of this subsection, contracts to 30
191	191	acquire any facility site, to construct the facility, or for construction on the facility site 31 SENATE BILL 685 5
192	192
193	193
194	194	require the prior approval of the Board of Public Works. 1
195	195
196	196	(2) Contracts to construct a public school facility or for construction on a 2
197	197	public school site do not require the prior approval of the Board of Public Works. 3
198	198
199	199	(b) The Authority may: 4
200	200
201	201	(1) acquire by any of the means specified in § 10–620(a) of this subtitle: 5
202	202
203	203	(i) a site at Camden Yards for a facility; 6
204	204
205	205	(ii) a Baltimore Convention site or an interest in the site; 7
206	206
207	207	(iii) an Ocean City Convention site or an interest in the site; 8
208	208
209	209	(iv) a Montgomery County Conference site or an interest in the site; 9
210	210
211	211	(v) a Hippodrome Performing Arts site or an interest in the site; 10
212	212	[and] 11
213	213
214	214	(vi) a Hagerstown Multi–Use Sports and Events Facility site or an 12
215	215	interest in the site; and 13
216	216
217	217	(VII) A CHARLES COUNTY MULTICULTURAL RECREATIONAL 14
218	218	AND AMPHITHEATRE FACILITIES SITE OR AN INTEREST IN THE SITE; AND 15
219	219
220	220	(2) construct or enter into a contract to construct a facility on a site it 16
221	221	acquires under this subsection. 17
222	222
223	223	10–620. 18
224	224
225	225	(a) (1) Subject to annual appropriations and this subtitle, the Authority may 19
226	226	acquire in its own name, by gift, purchase, or condemnation, any property or interest in 20
227	227	property necessary or convenient to construct, improve, or operate a facility. 21
228	228
229	229	(d) (1) The exercise of authority under this subsection is subject to the prior 22
230	230	approval of the Board of Public Works. 23
231	231
232	232	(2) On request of the Authority, the State, a unit of the State, or a political 24
233	233	subdivision may lease, lend, grant, or otherwise convey to the Authority, property, 25
234	234	including property devoted to public use, as necessary or convenient for the purposes of this 26
235	235	subtitle. 27
236	236
237	237	(3) The State may lease or sublease a facility, or an interest in a facility, 28
238	238	from or to the Authority, whether or not constructed or usable. 29
239	239
240	240	(4) Lease payments to the Authority appropriated by the State shall be 30 6 SENATE BILL 685
241	241
242	242
243	243	transferred to: 1
244	244
245	245	(i) the Baltimore Convention Fund if appropriated for a Baltimore 2
246	246	Convention facility; 3
247	247
248	248	(ii) the Camden Yards Fund if appropriated for a sports facility or 4
249	249	other facility at Camden Yards; 5
250	250
251	251	(iii) the Hippodrome Performing Arts Fund if appropriated for a 6
252	252	Hippodrome Performing Arts facility; 7
253	253
254	254	(iv) the Montgomery County Conference Fund if appropriated for a 8
255	255	Montgomery County Conference facility; 9
256	256
257	257	(v) the Ocean City Convention Fund if appropriated for an Ocean 10
258	258	City Convention facility; [or] 11
259	259
260	260	(vi) the Hagerstown Multi–Use Sports and Events Facility Fund if 12
261	261	appropriated for a Hagerstown Multi–Use Sports and Events Facility; OR 13
262	262
263	263	(VII) THE CHARLES COUNTY MULTICULTURAL RECREATIONAL 14
264	264	AND AMPHITHEATRE FACILITIES. 15
265	265
266	266	(e) (1) This subsection does not apply to the Camden Yards site, Baltimore 16
267	267	Convention site, Ocean City Convention site, Hippodrome Performing Arts site, any 17
268	268	Baltimore City public school site, any racing facility, the Hagerstown Multi–Use Sports and 18
269	269	Events Facility site, any supplemental facility site, THE CHARLES COUNTY 19
270	270	MULTICULTURAL RECREATIONAL A ND AMPHITHEATRE FACILITIES, or any public 20
271	271	school site. 21
272	272
273	273	(2) The Authority and any Authority affiliate are subject to applicable 22
274	274	planning, zoning, and development regulations to the same extent as a private commercial 23
275	275	or industrial enterprise. 24
276	276
277	277	10–625. 25
278	278
279	279	(a) Except as provided in subsection (b) of this section, the Authority shall submit: 26
280	280
281	281	(1) an annual detailed report of the activities and financial status of the 27
282	282	Authority to the Governor, and, in accordance with § 2–1257 of the State Government 28
283	283	Article, the General Assembly; and 29
284	284
285	285	(2) annual reports on the additional tax revenues generated by each of the 30
286	286	following facilities, prepared in cooperation with the Office of the Comptroller and the 31
287	287	Department of Budget and Management: 32
288	288	SENATE BILL 685 7
289	289
290	290
291	291	(i) the Baltimore Convention facility; 1
292	292
293	293	(ii) the Hippodrome Performing Arts facility; 2
294	294
295	295	(iii) the Montgomery County Conference facility; 3
296	296
297	297	(iv) the Ocean City Convention facility; [and] 4
298	298
299	299	(v) the Hagerstown Multi–Use Sports and Events Facility; AND 5
300	300
301	301	(VI) THE CHARLES COUNTY MULTICULTURAL RECREATIONAL 6
302	302	AND AMPHITHEATRE FACILITIES. 7
303	303
304	304	10–628. 8
305	305
306	306	(a) Except as provided in subsections (b) and (c) of this section and subject to the 9
307	307	prior approval of the Board of Public Works, the Authority may issue bonds at any time for 10
308	308	any corporate purpose of the Authority, including the establishment of reserves and the 11
309	309	payment of interest. 12
310	310
311	311	(c) (1) Unless authorized by the General Assembly, the Board of Public Works 13
312	312	may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 14
313	313	that constitute tax supported debt or nontax supported debt if, after issuance, there would 15
314	314	be outstanding and unpaid more than the following face amounts of the bonds for the 16
315	315	purpose of financing acquisition, construction, renovation, and related expenses for 17
316	316	construction management, professional fees, and contingencies in connection with: 18
317	317
318	318	(i) the Baltimore Convention facility – $55,000,000; 19
319	319
320	320	(ii) the Hippodrome Performing Arts facility – $20,250,000; 20
321	321
322	322	(iii) the Montgomery County Conference facility – $23,185,000; 21
323	323
324	324	(iv) the Ocean City Convention facility – $24,500,000; 22
325	325
326	326	(v) Baltimore City public school facilities – $1,100,000,000; 23
327	327
328	328	(vi) supplemental facilities – $25,000,000; 24
329	329
330	330	(vii) racing facilities – $375,000,000; 25
331	331
332	332	(viii) public school facilities in the State – $2,200,000,000; [and] 26
333	333
334	334	(ix) the Hagerstown Multi –Use Sports and Events 27
335	335	Facility – $59,500,000; AND 28
336	336	8 SENATE BILL 685
337	337
338	338
339	339	(X) THE CHARLES COUNTY MULTICULTURAL RECREATIONAL 1
340	340	AND AMPHITHEATRE FACILITIES – $45,000,000. 2
341	341
342	342	(2) (i) The limitation under paragraph (1)(i) of this subsection applies 3
343	343	to the aggregate principal amount of bonds outstanding as of June 30 of any year. 4
344	344
345	345	(ii) Refunded bonds may not be included in the determination of an 5
346	346	outstanding aggregate amount under this paragraph. 6
347	347
348	348	10–646.3. 7
349	349
350	350	(A) EXCEPT AS AUTHORIZED BY § 10–639 OF THIS SUBTITLE , TO FINANCE 8
351	351	SITE ACQUISITION , DESIGN, AND CONSTRUCTION OF ANY SEGMENT OF THE 9
352	352	CHARLES COUNTY MULTICULTURAL RECREATIONAL AND AMPHITHEATRE 10
353	353	FACILITIES, THE AUTHORITY SHALL COMPLY WITH THIS SEC TION. 11
354	354
355	355	(B) AT LEAST 45 DAYS BEFORE SEEKING APPROVAL OF THE BOARD OF 12
356	356	PUBLIC WORKS FOR EACH BOND I SSUE OR OTHER BORROW ING, THE AUTHORITY 13
357	357	SHALL PROVIDE TO THE FISCAL COMMITTEES OF THE GENERAL ASSEMBLY, IN 14
358	358	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A 15
359	359	COMPREHENSIVE FINANC ING PLAN FOR THE REL EVANT SEGMENT OF THE FACILITY. 16
360	360
361	361	(C) THE AUTHORITY SHALL OBTAI N THE APPROVAL OF TH E BOARD OF 17
362	362	PUBLIC WORKS OF THE PROPOSED BOND ISSUE AND THE F INANCING PLAN . 18
363	363
364	364	10–657.5. 19
365	365
366	366	(A) IN THIS SECTION , “FUND” MEANS THE CHARLES COUNTY 20
367	367	MULTICULTURAL RECREATIONAL AND AMPHITHEATRE FACILITIES FUND. 21
368	368
369	369	(B) THERE IS A CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 22
370	370	AMPHITHEATRE FACILITIES FUND. 23
371	371
372	372	(C) THE PURPOSE OF THE FUND IS TO ENABLE THE AUTHORITY TO: 24
373	373
374	374	(1) USE THE FUND AS A REVOLVING F UND FOR IMPLEMENTING THIS 25
375	375	SUBTITLE AS IT RELAT ES TO THE CHARLES COUNTY MULTICULTURAL 26
376	376	RECREATIONAL AND AMPHITHEATRE FACILITIES; AND 27
377	377
378	378	(2) PAY ANY EXPENSES INC URRED BY THE AUTHORITY THAT ARE 28
379	379	RELATED TO THE CHARLES COUNTY MULTICULTURAL RECREATIONAL AND 29
380	380	AMPHITHEATRE FACILITIES. 30
381	381
382	382	(D) THE AUTHORITY SHALL ADMIN ISTER THE FUND. 31 SENATE BILL 685 9
383	383
384	384
385	385
386	386	(E) (1) THE FUND IS A CONTINUING , NONLAPSING FUND THAT IS NOT 1
387	387	SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 2
388	388	PROCUREMENT ARTICLE. 3
389	389
390	390	(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 4
391	391	AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 5
392	392
393	393	(F) (1) TO THE EXTENT CONSIDE RED APPROPRIATE BY T HE AUTHORITY, 6
394	394	THE RECEIPTS OF THE FUND SHALL BE PLEDGED TO AND CHARGED WITH THE 7
395	395	FOLLOWING RELATING T O THE CHARLES COUNTY MULTICULTURAL 8
396	396	RECREATIONAL AND AMPHITHEATRE FACILITIES: 9
397	397
398	398	(I) PAYMENT OF DEBT SERV ICE ON AUTHORITY BONDS ; 10
399	399
400	400	(II) ALL REASONABLE CHARG ES AND EXPENSES RELA TED TO 11
401	401	THE AUTHORITY’S BORROWING ; AND 12
402	402
403	403	(III) THE MANAGEMENT OF AUTHORITY OBLIGATIONS . 13
404	404
405	405	(2) THE PLEDGE SHALL BE E FFECTIVE AS PROVIDED IN § 10–634 OF 14
406	406	THIS SUBTITLE. 15
407	407
408	408	(G) THE FUND CONSISTS OF : 16
409	409
410	410	(1) MONEY APPROPRIATED F OR DEPOSIT IN THE FUND; 17
411	411
412	412	(2) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER 18
413	413	THIS SUBTITLE CONCER NING THE CHARLES COUNTY MULTICULTURAL 19
414	414	RECREATIONAL AND AMPHITHEATRE FACILITIES; AND 20
415	415
416	416	(3) ANY ADDITIONAL MONEY MADE AVAILABLE FROM ANY PUBLIC OR 21
417	417	PRIVATE SOURCE FOR T HE PURPOSES ESTABLIS HED FOR THE FUND. 22
418	418
419	419	(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 23
420	420	IN THE SAME MANNER AS OT HER STATE MONEY MAY BE IN VESTED. 24
421	421
422	422	(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE PAID IN TO THE 25
423	423	FUND. 26
424	424
425	425	Article – State Finance and Procurement 27
426	426
427	427	6–226. 28
428	428	10 SENATE BILL 685
429	429
430	430
431	431	(a) (2) (i) Notwithstanding any other provision of law, and unless 1
432	432	inconsistent with a federal law, grant agreement, or other federal requirement or with the 2
433	433	terms of a gift or settlement agreement, net interest on all State money allocated by the 3
434	434	State Treasurer under this section to special funds or accounts, and otherwise entitled to 4
435	435	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 5
436	436	Fund of the State. 6
437	437
438	438	(ii) The provisions of subparagraph (i) of this paragraph do not apply 7
439	439	to the following funds: 8
440	440
441	441	144. the Health Equity Resource Community Reserve Fund; 9
442	442	[and] 10
443	443
444	444	145. the Access to Counsel in Evictions Special Fund; AND 11
445	445
446	446	146. THE CHARLES COUNTY MULTICULTURAL 12
447	447	RECREATIONAL AND AMPHITHEATRE FACILITIES FUND. 13
448	448
449	449	SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 14
450	450	October 1, 2022. 15