MD
Maryland Senate Bill SB744

Maryland 2022 Regular Session

Maryland Senate Bill SB744 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 337
21
3-– 1 –
4-Chapter 337
5-(Senate Bill 744)
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+ *sb0744*
810
9-Housing and Community Development – Affordable Housing – Listing and
10-Disposal of Excess Real Property
11+SENATE BILL 744
12+C9, P3 (2lr1558)
13+ENROLLED BILL
14+— Education, Health, and Environmental Affairs/Environment and Transportation —
15+Introduced by Senator Hettleman
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, sell, or lease or sell excess real property determined to be
18-suitable for use or redevelopment as affordable housing; requiring the Comptroller
19-to distribute a certain amount of income tax revenue from individuals to the Rental
20-Housing Fund on or before a certain date; and generally relating to the listing and
21-disposal of excess 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, with amendments,
42- Article – Housing and Community Development
43-Section 4–504(e)
44- Annotated Code of Maryland
45- (2019 Replacement Volume and 2021 Supplement)
46- (As enacted by Section 1 of this Act)
28+______________________________________________
29+President.
4730
48-BY repealing and reenacting, without amendments,
49- Article – State Finance and Procurement Ch. 337 2022 LAWS OF MARYLAND
31+CHAPTER ______
5032
51-– 2 –
52-Section 5–310(a) and (b)
53- Annotated Code of Maryland
54- (2021 Replacement Volume)
33+AN ACT concerning 1
5534
56-BY adding to
57- Article – State Finance and Procurement
58-Section 5–310(d)
59- Annotated Code of Maryland
60- (2021 Replacement Volume)
35+Housing and Community Development – Affordable Housing – Listing and 2
36+Disposal of Excess Real Property 3
6137
62-BY repealing and reenacting, with amendments,
63- Article – State Finance and Procurement
64-Section 10–305(b) and 10–306(c)
65- Annotated Code of Maryland
66- (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, sell, or lease or sell excess real property determined to be 9
44+suitable for use or redevelopment as affordable housing; requiring the Comptroller 10
45+to distribute a certain amount of income tax revenue from individuals to the Rental 11
46+Housing Fund on or before a certain date; and generally relating to the listing and 12
47+disposal of excess real property for use as and affordable housing. 13
6748
68-BY adding to
69- Article – Tax – General
70-Section 2–605.2
71- Annotated Code of Maryland
72- (2016 Replacement Volume and 2021 Supplement)
49+BY adding to 14 2 SENATE BILL 744
7350
74- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
75-That the Laws of Maryland read as follows:
7651
77-Article – Housing and Community Development
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
7856
79-4–504.
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
8062
81- (b) There is a Rental Housing Fund.
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
8268
83- (c) The Department shall use the Fund to operate, make loans, and pay expenses
84-of the Rental Housing Program, including reserves for anticipated future losses directly
85-related to the Rental Housing Program, as provided in the State budget.
69+BY repealing and reenacting, with amendments, 15
70+ Article – Housing and Community Development 16
71+Section 4–504(e) 17
72+ Annotated Code of Maryland 18
73+ (2019 Replacement Volume and 2021 Supplement) 19
74+ (As enacted by Section 1 of this Act) 20
8675
87- (d) The Department shall administer the Fund either directly or through the
88-Administration.
76+BY repealing and reenacting, without amendments, 21
77+ Article – State Finance and Procurement 22
78+Section 5–310(a) and (b) 23
79+ Annotated Code of Maryland 24
80+ (2021 Replacement Volume) 25
8981
90- (e) The Fund consists of:
82+BY adding to 26
83+ Article – State Finance and Procurement 27
84+Section 5–310(d) 28
85+ Annotated Code of Maryland 29
86+ (2021 Replacement Volume) 30
9187
92- (1) money appropriated by the State for the Rental Housing Program under
93-§ 4–402 of this title;
88+BY repealing and reenacting, with amendments, 31
89+ Article – State Finance and Procurement 32
90+Section 10–305(b) and 10–306(c) 33
91+ Annotated Code of Maryland 34
92+ (2021 Replacement Volume) 35
9493
95- (2) repayments and prepayments of loans made under the Rental Housing
96-Program and from loan programs under this title that have been repealed;
97- LAWRENCE J. HOGAN, JR., Governor Ch. 337
94+BY adding to 36
95+ Article – Tax – General 37
96+Section 2–605.2 38
97+ Annotated Code of Maryland 39
98+ (2016 Replacement Volume and 2021 Supplement) 40 SENATE BILL 744 3
9899
99-– 3 –
100- (3) money appropriated under § 4–501(c) of this subtitle;
101100
102- (4) money transferred to the Fund in accordance with §§ 4 –502(e),
103-4–503(d), and 4–505(h) of this subtitle and § 3–203(i) of this article;
104101
105- (5) funds received by the Department or the Administration from the
106-federal government or other public or private sources; [and]
102+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
103+That the Laws of Maryland read as follows: 2
107104
108- (6) investment earnings of the Fund; AND
105+Article – Housing and Community Development 3
109106
110- (7) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–605.2 OF THE
111-TAX – GENERAL ARTICLE.
107+4–504. 4
112108
113-Article – Tax – General
109+ (b) There is a Rental Housing Fund. 5
114110
115-2–605.2.
111+ (c) The Department shall use the Fund to operate, make loans, and pay expenses 6
112+of the Rental Housing Program, including reserves for anticipated future losses directly 7
113+related to the Rental Housing Program, as provided in the State budget. 8
116114
117- AFTER MAKING THE DIST RIBUTIONS REQUIRED U NDER §§ 2–604 AND 2–605
118-OF THIS SUBTITLE , ON OR BEFORE JUNE 30, 2022, THE COMPTROLLER SHALL
119-DISTRIBUTE $30,000,000 OF THE INCOME TAX RE VENUE FROM INDIVIDUA LS TO THE
120-RENTAL HOUSING FUND ESTABLISHED UNDE R § 4–504 OF THE HOUSING AND
121-COMMUNITY DEVELOPMENT ARTICLE.
115+ (d) The Department shall administer the Fund either directly or through the 9
116+Administration. 10
122117
123- SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
124-as follows:
118+ (e) The Fund consists of: 11
125119
126-Article – Housing and Community Development
120+ (1) money appropriated by the State for the Rental Housing Program under 12
121+§ 4–402 of this title; 13
127122
128-2–203.
123+ (2) repayments and prepayments of loans made under the Rental Housing 14
124+Program and from loan programs under this title that have been repealed; 15
129125
130- (A) IN THIS SECTION , “AFFORDABLE HOUSING” MEANS RESIDENTIAL
131-PROPERTY THAT IS :
126+ (3) money appropriated under § 4–501(c) of this subtitle; 16
132127
133- (1) RENTED TO THE PUBLIC AT A RATE THAT ALLOW S IS AFFORDABLE
134-FOR A HOUSEHOLD OF LOW – OR MODERATE –INCOME IN THE STATE TO PAY NOT
135-MORE THAN 30% OF ITS MONTHLY INCOME IN RE NT; OR
128+ (4) money transferred to the Fund in accordance with §§ 4 –502(e), 17
129+4–503(d), and 4–505(h) of this subtitle and § 3–203(i) of this article; 18
136130
137- (2) SOLD TO THE PUBLIC A T A PRICE THAT IS AFFORD ABLE TO A
138-HOUSEHOLD OF LOW – OR MODERATE –INCOME IN THE STATE.
131+ (5) funds received by the Department or the Administration from the 19
132+federal government or other public or private sources; [and] 20
139133
140- (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
141-INDICATED.
142- Ch. 337 2022 LAWS OF MARYLAND
134+ (6) investment earnings of the Fund; AND 21
143135
144-– 4 –
145- (2) “AFFORDABLE HOUSING ” MEANS RESIDENTIAL PR OPERTY THAT
146-IS RENTED OR SOLD TO THE PUBLIC AS LOW –INCOME HOUSING OR WO RKFORCE
147-HOUSING.
136+ (7) REVENUE DISTRIBUTED TO THE FUND UNDER § 2–605.2 OF THE 22
137+TAX – GENERAL ARTICLE. 23
148138
149- (3) “AREA MEDIAN INCOME ” HAS THE MEANING STAT ED IN § 4–1801
150-OF THIS ARTICLE.
139+Article – Tax – General 24
151140
152- (4) “LOW–INCOME HOUSING ” MEANS HOUSING THAT I S AFFORDABLE
153-FOR A HOUSEHOLD WITH AN AG GREGATE ANNUAL INCOM E THAT IS BELOW 60% OF
154-THE AREA MEDIAN INCO ME.
141+2–605.2. 25
155142
156- (5) “WORKFORCE HOUSING ” HAS THE MEANING STAT ED IN § 4–1801
157-OF THIS ARTICLE.
143+ AFTER MAKING THE DIST RIBUTIONS REQUIRED U NDER §§ 2–604 AND 2–605 26
144+OF THIS SUBTITLE , ON OR BEFORE JUNE 30, 2022, THE COMPTROLLER SHALL 27
145+DISTRIBUTE $30,000,000 OF THE INCOME TAX RE VENUE FROM INDIVIDUA LS TO THE 28 4 SENATE BILL 744
158146
159- (B) (1) (I) ON RECEIPT OF THE LIS T OF EXCESS REAL PRO PERTY NOT
160-LATER THAN 60 DAYS AFTER THE NOTICE PROVIDED UNDER § 5–310 5–310(D) OF
161-THE STATE FINANCE AND PROCUREMENT ARTICLE, THE DEPARTMENT SHALL , IN
162-CONSULTATION WITH TH E UNITS UNIT OF STATE GOVERNMENT THAT CONTROL THE
163-PROPERTIES CONTROLS THE PROPERT Y, DETERMINE IF ANY OF THE LISTED
164-PROPERTIES ARE THE PROPERTY IS SUITABLE FOR USE OR REDEVELOPMENT AS
165-AFFORDABLE HOUSING .
166147
167- (II) THE DEPARTMENT SHALL IDEN TIFY A PROPERTY AS
168-SUITABLE FOR USE OR REDEVELOPMENT AS AFF ORDABLE HOUSING IF T HE
169-PROPERTY:
148+RENTAL HOUSING FUND ESTABLISHED UNDE R § 4–504 OF THE HOUSING AND 1
149+COMMUNITY DEVELOPMENT ARTICLE. 2
170150
171- 1. IS LOCATED IN AN ARE A DESIGNATED AS A PRIORITY
172-FUNDING AREA UNDER TITLE 5, SUBTITLE 7B OF THE STATE FINANCE AND
173-PROCUREMENT ARTICLE;
151+ SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 3
152+as follows: 4
174153
175- 2. DOES NOT BELONG IN A CATEGORY OF PROPERTY
176-LISTED IN § 5–310(C)(1)(I) OF THE STATE FINANCE AND PROCUREMENT ARTICLE;
154+Article – Housing and Community Development 5
177155
178- 3. IS ADEQUATELY SIZED FOR ANY TY PE OF
179-RESIDENTIAL USE ;
156+2–203. 6
180157
181- 4. HAS ACCESS TO PUBLIC UTILITIES; AND
158+ (A) IN THIS SECTION , “AFFORDABLE HOUSING” MEANS RESIDENTIAL 7
159+PROPERTY THAT IS : 8
182160
183- 5. HAS ACCESS TO FEASIB LE INGRESS AND EGRES S
184-POINTS.
161+ (1) RENTED TO THE PUBLIC AT A RATE THAT ALLOW S IS AFFORDABLE 9
162+FOR A HOUSEHOLD OF LOW – OR MODERATE –INCOME IN THE STATE TO PAY NOT 10
163+MORE THAN 30% OF ITS MONTHLY INCOME IN RE NT; OR 11
185164
186- (III) THE DEPARTMENT MAY CONSID ER OTHER FACTORS IN
187-ADDITION TO THE PROV ISIONS OF SUBPARAGRA PH (II) OF THIS PARAGRAPH WH EN LAWRENCE J. HOGAN, JR., Governor Ch. 337
165+ (2) SOLD TO THE PUBLIC A T A PRICE THAT IS AFFORD ABLE TO A 12
166+HOUSEHOLD OF LOW – OR MODERATE –INCOME IN THE STATE. 13
188167
189-– 5 –
190-DETERMINING THE SUITABIL ITY OF A PROPERTY FO R USE OR REDEVELOPME NT AS
191-AFFORDABLE HOUSING .
168+ (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 14
169+INDICATED. 15
192170
193- (2) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31
194-THEREAFTER , THE THE DEPARTMENT SHALL COMP ILE AND REGULARLY UPDATE A
195-LIST OF PROPERTIES I T HAS DETERMINED ARE SUITABLE FOR USE OR
196-REDEVELOPMENT AS AFF ORDABLE HOUSING .
171+ (2) “AFFORDABLE HOUSING ” MEANS RESIDENTIAL PR OPERTY THAT 16
172+IS RENTED OR SOLD TO THE PUBLIC AS LOW –INCOME HOUSING OR WO RKFORCE 17
173+HOUSING. 18
197174
198- (3) FOR EACH PROPERTY INC LUDED IN THE LIST RE QUIRED UNDER
199-PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL :
175+ (3) “AREA MEDIAN INCOME ” HAS THE MEANING STAT ED IN § 4–1801 19
176+OF THIS ARTICLE. 20
200177
201- (I) GIVE NOTICE OF THE D ETERMINATION TO :
178+ (4) “LOW–INCOME HOUSING ” MEANS HOUSING THAT I S AFFORDABLE 21
179+FOR A HOUSEHOLD WITH AN AG GREGATE ANNUAL INCOM E THAT IS BELOW 60% OF 22
180+THE AREA MEDIAN INCO ME. 23
202181
203- 1. THE UNIT OF STATE GOVERNMENT THAT CONTROLS
204-THE PROPERTY ; AND
182+ (5) “WORKFORCE HOUSING ” HAS THE MEANING STAT ED IN § 4–1801 24
183+OF THIS ARTICLE. 25
205184
206- 2. THE STATE TREASURER; AND
185+ (B) (1) (I) ON RECEIPT OF THE LIS T OF EXCESS REAL PRO PERTY NOT 26
186+LATER THAN 60 DAYS AFTER THE NOTICE PROVIDED UNDER § 5–310 5–310(D) OF 27
187+THE STATE FINANCE AND PROCUREMENT ARTICLE, THE DEPARTMENT SHALL , IN 28
188+CONSULTATION WITH TH E UNITS UNIT OF STATE GOVERNMENT THAT CONTROL THE 29
189+PROPERTIES CONTROLS THE PROPERT Y, DETERMINE IF ANY OF THE LISTED 30
190+PROPERTIES ARE THE PROPERTY IS SUITABLE FOR USE OR REDEVELOPMENT AS 31
191+AFFORDABLE HOUSING . 32 SENATE BILL 744 5
207192
208- (II) ADVISE THE UNIT OF STATE GOVERNMENT OF T HE
209-REQUIREMENTS OF SUBS ECTION (C) OF THIS SECTION.
210193
211- (4) THE LIST REQUIRED UND ER PARAGRAPH (2) OF THIS SUBSECTION
212-SHALL BE MADE AVAILA BLE TO THE PUBLIC .
213194
214- (C) (1) (I) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5) OF THIS
215-SUBSECTION, ON RECEIPT OF THE NO TICE REQUIRED UNDER SUBSECTION (B)(3) OF
216-THIS SECTION, A THE UNIT OF STATE GOVERNMENT SHAL L, IN CONSULTATION WITH
217-THE DEPARTMENT AND THE DEPARTMENT OF PLANNING, DEVELOP A PROPOSAL T O
218-DISPOSE OF DONATE, SELL, OR LEASE DONATE OR SELL THE LISTED PROPERTY BY:
195+ (II) THE DEPARTMENT SHALL IDEN TIFY A PROPERTY AS 1
196+SUITABLE FOR USE OR REDEVELOPMENT AS AFF ORDABLE HOUSING IF T HE 2
197+PROPERTY: 3
219198
220- 1. DONATING OR SELLING THE PROPERTY TO A
221-NONPROFIT ORGANIZATI ON THAT INTENDS CONTRACTS TO USE OR REDEVELOP THE
222-PROPERTY AS AFFORDAB LE HOUSING; OR OR
199+ 1. IS LOCATED IN AN ARE A DESIGNATED AS A PRIORITY 4
200+FUNDING AREA UNDER TITLE 5, SUBTITLE 7B OF THE STATE FINANCE AND 5
201+PROCUREMENT ARTICLE; 6
223202
224- 2. SELLING THE PROPERTY TO A BUYER THAT INTENDS
225-CONTRACTS TO USE OR REDEVELOP THE PROPERTY AS AFFO RDABLE HOUSING ; OR
203+ 2. DOES NOT BELONG IN A CATEGORY OF PROPERTY 7
204+LISTED IN § 5–310(C)(1)(I) OF THE STATE FINANCE AND PROCUREMENT ARTICLE; 8
226205
227- 3. LEASING THE PROPERTY TO A LESSEE THAT
228-CONTRACTS TO USE THE PROPERTY AS AFFORDAB LE HOUSING.
206+ 3. IS ADEQUATELY SIZED FOR ANY TY PE OF 9
207+RESIDENTIAL USE ; 10
229208
230- (II) IF, AFTER REASONABLE EFF ORT, THE UNIT IS UNABLE T O
231-IDENTIFY A SUITABLE NONPROFIT ORGANIZATI ON OR BUYER, BUYER, OR LESSEE OR
232-BUYER IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE UNIT
233-SHALL DEVELOP A PROP OSAL TO SELL THE PRO PERTY AT AUCTION . Ch. 337 2022 LAWS OF MARYLAND
209+ 4. HAS ACCESS TO PUBLIC UTILITIES; AND 11
234210
235-– 6 –
211+ 5. HAS ACCESS TO FEASIB LE INGRESS AND EGRES S 12
212+POINTS. 13
236213
237- (III) A PROPOSAL DEVELOPED U NDER THIS PARAGRAPH SHALL
238-BE SUBMITTED TO THE BOARD OF PUBLIC WORKS FOR CONSIDERATI ON IN
239-ACCORDANCE WITH § 10–305 OF THE STATE FINANCE AND PROCUREMENT
240-ARTICLE.
214+ (III) THE DEPARTMENT MAY CONSID ER OTHER FACTORS IN 14
215+ADDITION TO THE PROV ISIONS OF SUBPARAGRA PH (II) OF THIS PARAGRAPH WH EN 15
216+DETERMINING THE SUIT ABILITY OF A PROPERT Y FOR USE OR REDEVEL OPMENT AS 16
217+AFFORDABLE HOUSING . 17
241218
242- (2) THE UNIT OF STATE GOVERNMENT SHAL L CONSIDER THE
243-PROPOSED PERIOD OF A FFORDABILITY, THE NUMBER OF AFFORD ABLE HOUSING
244-UNITS CREATED , AND THE VIABILITY OF AN OFFER WHEN EVALUA TING OFFERS FROM
245-MULTIPLE NONPROFIT O RGANIZATIONS OR BUYERS UNDER THIS SUBSECTIO N.
219+ (2) ON OR BEFORE DECEMBER 31, 2023, AND EACH DECEMBER 31 18
220+THEREAFTER , THE THE DEPARTMENT SHALL COMP ILE AND REGULARLY UPDATE A 19
221+LIST OF PROPERTIES I T HAS DETERMINED ARE SUITABLE FOR USE OR 20
222+REDEVELOPMENT AS AFF ORDABLE HOUSING . 21
246223
247- (2) ANY PROCEEDS FROM A S ALE OF EXCESS REAL P ROPERTY THAT
248-RESULTS FROM A PROPO SAL DEVELOPED UNDER THIS SUBSECTION SHAL L BE
249-APPLIED TO THE RENTAL HOUSING FUND UNDER § 4–504 OF THIS ARTICLE.
224+ (3) FOR EACH PROPERTY INC LUDED IN THE LIST RE QUIRED UNDER 22
225+PARAGRAPH (2) OF THIS SUBSECTION , THE DEPARTMENT SHALL : 23
250226
251- (3) WHEN A PROPERTY IS DISPOSED OF DONATED, SOLD, OR LEASED
252-DONATED OR SOLD IN ACCORDANCE WITH A PROPOSAL DEVELOPED U NDER THIS
253-SUBSECTION, THE UNIT SHALL GIVE NOTICE OF THE DISPOS ITION TO THE
254-DEPARTMENT .
227+ (I) GIVE NOTICE OF THE D ETERMINATION TO : 24
255228
256- (4) A UNIT MAY NOT PROPOSE TO DISPOSE OF DONATE, SELL, OR
257-LEASE DONATE OR SELL A PROPERTY UNDER THI S SUBSECTION IN A MANNER THAT
258-IF THE DONATION OR S ALE WOULD:
229+ 1. THE UNIT OF STATE GOVERNMENT THAT CONT ROLS 25
230+THE PROPERTY ; AND 26
259231
260- (I) VIOLATE ANY COVENANT OR APPLICABLE FEDERA L LAW; OR
232+ 2. THE STATE TREASURER; AND 27
261233
262- (II) IN THE OPINION OF TH E 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.
234+ (II) ADVISE THE UNIT OF STATE GOVERNMENT OF T HE 28
235+REQUIREMENTS OF SUBS ECTION (C) OF THIS SECTION. 29
236+ 6 SENATE BILL 744
265237
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 REACQUIRE THE PRO PERTY UNDER § 8–309
269-OF THE TRANSPORTATION ARTICLE.
270238
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:
239+ (4) THE LIST REQUIRED UND ER PARAGRAPH (2) OF THIS SUBSECTION 1
240+SHALL BE MADE AVAILA BLE TO THE PUBLIC . 2
274241
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. 337
242+ (C) (1) (I) EXCEPT AS PROVIDED IN PARAGRAPHS (4) AND (5) OF THIS 3
243+SUBSECTION, ON RECEIPT OF THE NO TICE REQUIRED UNDER SUBSECTION (B)(3) OF 4
244+THIS SECTION, A THE UNIT OF STATE GOVERNMENT SHAL L, IN CONSULTATION WITH 5
245+THE DEPARTMENT AND THE DEPARTMENT OF PLANNING, DEVELOP A PROPOSAL T O 6
246+DISPOSE OF DONATE, SELL, OR LEASE DONATE OR SELL THE LISTED PROPERTY BY: 7
278247
279-– 7 –
280- (2) THE NUMBER OF PROPER TIES THAT WERE DONAT ED PURSUANT
281-TO PROPOSALS DEVELOP ED UNDER THIS SECTIO N; AND
248+ 1. DONATING OR SELLING THE PROPERTY TO A 8
249+NONPROFIT ORGANIZATI ON THAT INTENDS CONTRACTS TO USE OR REDEVELOP THE 9
250+PROPERTY AS AFFORDAB LE HOUSING; OR OR 10
282251
283- (3) THE NUMBER OF PROPER TIES THAT WERE SOLD OR LEASED
284-PURSUANT TO PROPOSAL S DEVELOPED UNDER TH IS SECTION; AND
252+ 2. SELLING THE PROPERTY TO A BUYER THAT INTENDS 11
253+CONTRACTS TO USE OR REDEVELOP THE PROPERTY AS AFFO RDABLE HOUSING ; OR 12
285254
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 .
255+ 3. LEASING THE PROPERTY TO A LESSEE THAT 13
256+CONTRACTS TO USE THE PROPERTY AS AFFORDAB LE HOUSING. 14
288257
289-4–504.
258+ (II) IF, AFTER REASONABLE EFF ORT, THE UNIT IS UNABLE T O 15
259+IDENTIFY A SUITABLE NONPROFIT ORGANIZATI ON OR BUYER, BUYER, OR LESSEE OR 16
260+BUYER IN ACCORDANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH , THE UNIT 17
261+SHALL DEVELOP A PROP OSAL TO SELL THE PRO PERTY AT AUCTION . 18
290262
291- (b) There is a Rental Housing Fund.
263+ (III) A PROPOSAL DEVELOPED U NDER THIS PARAGRAPH SHALL 19
264+BE SUBMITTED TO THE BOARD OF PUBLIC WORKS FOR CONSIDERATI ON IN 20
265+ACCORDANCE WITH § 10–305 OF THE STATE FINANCE AND PROCUREMENT 21
266+ARTICLE. 22
292267
293- (e) The Fund consists of:
268+ (2) THE UNIT OF STATE GOVERNMENT SHAL L CONSIDER THE 23
269+PROPOSED PERIOD OF A FFORDABILITY, THE NUMBER OF AFFORD ABLE HOUSING 24
270+UNITS CREATED , AND THE VIABILITY OF AN OFFER WHEN EVALUA TING OFFERS FROM 25
271+MULTIPLE NONPROFIT O RGANIZATIONS OR BUYERS UNDER THIS SUBSECTIO N. 26
294272
295- (1) money appropriated by the State for the Rental Housing Program under
296-§ 4–402 of this title;
273+ (2) ANY PROCEEDS FROM A S ALE OF EXCESS REAL P ROPERTY THAT 27
274+RESULTS FROM A PROPO SAL DEVELOPED UNDER THIS SUBSECTION SHAL L BE 28
275+APPLIED TO THE RENTAL HOUSING FUND UNDER § 4–504 OF THIS ARTICLE. 29
297276
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;
277+ (3) WHEN A PROPERTY IS DISPOSED OF DONATED, SOLD, OR LEASED 30
278+DONATED OR SOLD IN ACCORDANCE WITH A PROPOSAL DEVELOPED U NDER THIS 31
279+SUBSECTION, THE UNIT SHALL GIVE NOTICE OF THE DISPOS ITION TO THE 32
280+DEPARTMENT . 33
281+ SENATE BILL 744 7
300282
301- (3) money appropriated under § 4–501(c) of this subtitle;
302283
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;
284+ (4) A UNIT MAY NOT PROPOSE TO DISPOSE OF DONATE, SELL, OR 1
285+LEASE DONATE OR SELL A PROPERTY UNDER THI S SUBSECTION IN A MANNER THAT 2
286+IF THE DONATION OR S ALE WOULD: 3
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 4
308289
309- (6) investment earnings of the Fund; [and]; AND
290+ (II) IN THE OPINION OF TH E STATE TREASURER, ADVERSELY 5
291+AFFECT THE TAX –EXEMPT STATUS OF AN OUTSTANDING STATE BOND , THE 6
292+PROCEEDS OF WHICH WE RE ALLOCATED TO PURC HASE OR IMPROVE THE PROPERTY. 7
310293
311- (7) revenue distributed to the Fund under § 2–605.2 of the Tax – General
312-Article; AND
294+ (5) NOTHING IN THIS SUBSE CTION SHALL BE CONST RUED TO 8
295+SUPERSEDE THE RIGHT OF A PERSON FROM WHO M REAL PROPERTY WAS ACQUIRED 9
296+OR THEIR SUCCESSOR I N INTEREST TO REACQUIRE THE PRO PERTY UNDER § 8–309 10
297+OF THE TRANSPORTATION ARTICLE. 11
313298
314- (7) (8) PROCEEDS FROM SALES OF EXCESS REAL PROPE RTY
315-CONDUCTED IN ACCORDA NCE WITH PROPOSALS D EVELOPED UNDER § 2–203(C) OF
316-THIS ARTICLE.
299+ (D) ON OR BEFORE DECEMBER 31, 2024, AND EACH DECEMBER 31 12
300+THEREAFTER , THE DEPARTMENT SHALL REPO RT TO THE GENERAL ASSEMBLY, IN 13
301+ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE: 14
317302
318-Article – State Finance and Procurement
303+ (1) THE NUMBER OF PROPOS ALS SUBMITTED TO THE BOARD OF 15
304+PUBLIC WORKS UNDER THIS SECT ION; 16
319305
320-5–310.
306+ (2) THE NUMBER OF PROPER TIES THAT WERE DONAT ED PURSUANT 17
307+TO PROPOSALS DEVELOP ED UNDER THIS SECTIO N; AND 18
321308
322- (a) Each unit of the State government shall notify the Department in writing of:
309+ (3) THE NUMBER OF PROPER TIES THAT WERE SOLD OR LEASED 19
310+PURSUANT TO PROPOSAL S DEVELOPED UNDER TH IS SECTION; AND 20
323311
324- (1) any real property that is in excess of the needs of the unit; or Ch. 337 2022 LAWS OF MARYLAND
312+ (4) THE TOTAL AMOUNT OF PROCEEDS APPLIED TO THE RENTAL 21
313+HOUSING FUND AS A RESULT OF P ROPOSALS DEVELOPED U NDER THIS SECTION . 22
325314
326-– 8 –
315+4–504. 23
327316
328- (2) any substantial change to any real property owned by the State.
317+ (b) There is a Rental Housing Fund. 24
329318
330- (b) Subject to subsection (c) of this section, for any real property identified under
331-subsection (a) of this section, the Department shall:
319+ (e) The Fund consists of: 25
332320
333- (1) study the proper disposition of the property;
321+ (1) money appropriated by the State for the Rental Housing Program under 26
322+§ 4–402 of this title; 27
334323
335- (2) determine whether any local government or unit of the State
336-government is interested in the property; and
324+ (2) repayments and prepayments of loans made under the Rental Housing 28
325+Program and from loan programs under this title that have been repealed; 29
337326
338- (3) make an appropriate recommendation to the using unit of the State
339-government and to the Board of Public Works.
327+ (3) money appropriated under § 4–501(c) of this subtitle; 30
328+ 8 SENATE BILL 744
340329
341- (D) ON OR BEFORE JUNE 1, 2023, AND EACH JUNE 1 THEREAFTER , THE THE
342-DEPARTMENT SHALL PROVIDE A LIST OF AL L PROPERTIES NOTIFY THE
343-DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND , IN ACCORDANCE
344-WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE EDUCATION,
345-HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, THE SENATE BUDGET AND
346-TAXATION COMMITTEE, THE HOUSE ENVIRONMENT AND TRANSPORTATION
347-COMMITTEE, AND THE HOUSE APPROPRIATIONS COMMITTEE OF ANY PROP ERTY
348-SUBMITTED TO THE DEPARTMENT UNDER SUBS ECTION (A)(1) OF THIS SECTION
349-WHICH HAVE HAS NOT BEEN DONATED, SOLD, OR LEASED DISPOSED OF UNDER
350-SUBSECTION (B) OF THIS SECTION TO THE DEPARTMENT OF HOUSING AND
351-COMMUNITY DEVELOPMENT , THE SENATE EDUCATION, HEALTH, AND
352-ENVIRONMENTAL AFFAIRS COMMITTEE, THE SENATE BUDGET AND TAXATION
353-COMMITTEE, THE HOUSE ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND
354-THE HOUSE APPROPRIATIONS COMMITTEE.
355330
356-10–305.
331+ (4) money transferred to the Fund in accordance with §§ 4 –502(e), 1
332+4–503(d), and 4–505(h) of this subtitle and § 3–203(i) of this article; 2
357333
358- (b) (1) (i) Except as provided under subparagraph (ii) of this paragraph,
359-this subsection applies to the sale, transfer, grant, or exchange of:
334+ (5) funds received by the Department or the Administration from the 3
335+federal government or other public or private sources; [and] 4
360336
361- 1. real property identified under § 5–310(c)(1) of this article;
362-and
337+ (6) investment earnings of the Fund; [and]; AND 5
363338
364- 2. State–owned real or personal property, funded in
365-accordance with an appropriation act of the General Assembly, that has an appraised value
366-over $100,000.
339+ (7) revenue distributed to the Fund under § 2–605.2 of the Tax – General 6
340+Article; AND 7
367341
368- (ii) This subsection does not apply to the following dispositions of
369-property identified in subparagraph (i) of this paragraph:
342+ (7) (8) PROCEEDS FROM SALES OF EXCESS REAL PROPERTY 8
343+CONDUCTED IN ACCORDA NCE WITH PROPOSALS D EVELOPED UNDER § 2–203(C) OF 9
344+THIS ARTICLE. 10
370345
371- 1. leasing the property; or LAWRENCE J. HOGAN, JR., Governor Ch. 337
346+Article – State Finance and Procurement 11
372347
373-– 9 –
348+5–310. 12
374349
375- 2. the sale, transfer, grant, or exchange of a corrective or
376-access easement on the property.
350+ (a) Each unit of the State government shall notify the Department in writing of: 13
377351
378- (2) The Board may not approve the sale, transfer, exchange, or grant of
379-property until:
352+ (1) any real property that is in excess of the needs of the unit; or 14
380353
381- (i) the Department of General Services or the Department of
382-Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted
383-to the Board two independent appraisals of the property that:
354+ (2) any substantial change to any real property owned by the State. 15
384355
385- 1. with regard to real property, consider the value of any
386-restrictive covenant that may be placed on the property; and
356+ (b) Subject to subsection (c) of this section, for any real property identified under 16
357+subsection (a) of this section, the Department shall: 17
387358
388- 2. may not be publicly disclosed if the property is to be sold
389-at auction;
359+ (1) study the proper disposition of the property; 18
390360
391- (ii) the following information has been submitted, by electronic mail
392-or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House
393-Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of
394-this subsection, the Legislative Policy Committee:
361+ (2) determine whether any local government or unit of the State 19
362+government is interested in the property; and 20
395363
396- 1. a description of the property; and
364+ (3) make an appropriate recommendation to the using unit of the State 21
365+government and to the Board of Public Works. 22
397366
398- 2. if applicable, any justification for not selling, transferring,
399-exchanging, or granting the property in a manner that generates the highest return for the
400-State;
367+ (D) ON OR BEFORE JUNE 1, 2023, AND EACH JUNE 1 THEREAFTER , THE THE 23
368+DEPARTMENT SHALL PROVIDE A LIST OF AL L PROPERTIES NOTIFY THE 24
369+DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT AND , IN ACCORDANCE 25
370+WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, THE SENATE EDUCATION, 26
371+HEALTH, AND ENVIRONMENTAL AFFAIRS COMMITTEE, THE SENATE BUDGET AND 27
372+TAXATION COMMITTEE, THE HOUSE ENVIRONMENT AND TRANSPORTATION 28
373+COMMITTEE, AND THE HOUSE APPROPRIATIONS COMMITTEE OF ANY PROP ERTY 29
374+SUBMITTED TO THE DEPARTMENT UNDER SUBSEC TION (A)(1) OF THIS SECTION 30
375+WHICH HAVE HAS NOT BEEN DONATED, SOLD, OR LEASED DISPOSED OF UNDER 31 SENATE BILL 744 9
401376
402- (iii) 45 days have elapsed since:
403377
404- 1. the information required by item (ii) of this paragraph was
405-received by the appropriate committees; and
378+SUBSECTION (B) OF THIS SECTION TO THE DEPARTMENT OF HOUSING AND 1
379+COMMUNITY DEVELOPMENT , THE SENATE EDUCATION, HEALTH, AND 2
380+ENVIRONMENTAL AFFAIRS COMMITTEE, THE SENATE BUDGET AND TAXATION 3
381+COMMITTEE, THE HOUSE ENVIRONMENT AND TRANSPORTATION COMMITTEE, AND 4
382+THE HOUSE APPROPRIATIONS COMMITTEE. 5
406383
407- 2. the Board declared the property surplus; and
384+10–305. 6
408385
409- (iv) except for property sold under paragraph (4) of this subsection,
410-for property that meets both criteria under paragraph (1)(i) of this subsection and for which
411-the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General
412-Assembly has approved the proposed disposition as provided under paragraph (3) of this
413-subsection.
386+ (b) (1) (i) Except as provided under subparagraph (ii) of this paragraph, 7
387+this subsection applies to the sale, transfer, grant, or exchange of: 8
414388
415- (3) (i) Within 45 days after receiving the information submitted under
416-paragraph (2) of this subsection, the Legislative Policy Committee shall:
389+ 1. real property identified under § 5–310(c)(1) of this article; 9
390+and 10
417391
418- 1. review the information and the public record created by
419-the Department of Planning for the property; and Ch. 337 2022 LAWS OF MARYLAND
392+ 2. State–owned real or personal property, funded in 11
393+accordance with an appropriation act of the General Assembly, that has an appraised value 12
394+over $100,000. 13
420395
421-– 10 –
396+ (ii) This subsection does not apply to the following dispositions of 14
397+property identified in subparagraph (i) of this paragraph: 15
422398
423- 2. A. approve the proposed disposition of the surplus
424-property and refer the property back to the Board for final disposition; or
399+ 1. leasing the property; or 16
425400
426- B. refer the proposed disposition of the property to the full
427-General Assembly and notify the Board of the referral.
401+ 2. the sale, transfer, grant, or exchange of a corrective or 17
402+access easement on the property. 18
428403
429- (ii) If the Legislative Policy Committee fails to take any action under
430-subparagraph (i)2 of this paragraph within the specified time period, the proposed
431-disposition shall be deemed approved by the Committee.
404+ (2) The Board may not approve the sale, transfer, exchange, or grant of 19
405+property until: 20
432406
433- (iii) 1. If the proposed disposition of the surplus property is
434-referred by the Legislative Policy Committee to the full General Assembly, the proposed
435-disposition may not be approved by the Board unless it is approved by the passage of
436-legislation during the next legislative session of the General Assembly.
407+ (i) the Department of General Services or the Department of 21
408+Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted 22
409+to the Board two independent appraisals of the property that: 23
437410
438- 2. In any legislation passed in accordance with
439-subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed
440-disposition with or without conditions.
411+ 1. with regard to real property, consider the value of any 24
412+restrictive covenant that may be placed on the property; and 25
441413
442- (4) If the Board has declared the property surplus, the Board shall sell the
443-property to the federal government, a local government, or a unit of federal or local
444-government for $1.00, if:
414+ 2. may not be publicly disclosed if the property is to be sold 26
415+at auction; 27
445416
446- (i) the government or unit has indicated its interest in acquiring the
447-land; and
417+ (ii) the following information has been submitted, by electronic mail 28
418+or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House 29
419+Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of 30
420+this subsection, the Legislative Policy Committee: 31
448421
449- (ii) a restrictive covenant is placed on the deed of transfer, in
450-accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the
451-property to be maintained in a use that is consistent with its use at the time of transfer.
422+ 1. a description of the property; and 32
423+ 10 SENATE BILL 744
452424
453- (5) Any revenues derived from the sale, transfer, exchange, or grant of
454-property identified under paragraph (1)(i)1 of this subsection shall be deposited in the
455-Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article.
456425
457- (6) (I) IF THE BOARD HAS DECLARED TH E PROPERTY SURPLUS ,
458-THE BOARD SHALL DISPOSE OF DONATE, SELL, OR LEASE THE DONATE OR SELL THE
459-PROPERTY DETERMINED BY THE DEPARTMENT OF HOUSING AND COMMUNITY
460-DEVELOPMENT TO BE SUI TABLE FOR USE OR RED EVELOPMENT AS AFFORD ABLE
461-HOUSING IN ACCORDANC E WITH A PROPOSAL DE VELOPED UNDER § 2–203 OF THE
462-HOUSING AND COMMUNITY DEVELOPMENT ARTICLE.
426+ 2. if applicable, any justification for not selling, transferring, 1
427+exchanging, or granting the property in a manner that generates the highest return for the 2
428+State; 3
463429
464- (II) ANY REVENUES DERIVED FROM THE SALE, TRANSFER,
465-EXCHANGE, OR GRANT OF PROPERTY IN ACCORDANCE WITH A PROPOSAL
466-DEVELOPED UNDER § 2–203 OF THE HOUSING AND COMMUNITY DEVELOPMENT LAWRENCE J. HOGAN, JR., Governor Ch. 337
430+ (iii) 45 days have elapsed since: 4
467431
468-– 11 –
469-ARTICLE SHALL BE DEPO SITED IN THE RENTAL HOUSING FUND UNDER § 4–504 OF
470-THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE.
432+ 1. the information required by item (ii) of this paragraph was 5
433+received by the appropriate committees; and 6
471434
472-10–306.
435+ 2. the Board declared the property surplus; and 7
473436
474- (c) (1) THIS SUBSECTION DOES NOT APPLY TO PROPERT Y DISPOSED OF
475-DONATED, SOLD, OR LEASED IN ACCORDANCE WITH A PROPOSAL DEVELOPED
476-UNDER § 2–203 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE.
437+ (iv) except for property sold under paragraph (4) of this subsection, 8
438+for property that meets both criteria under paragraph (1)(i) of this subsection and for which 9
439+the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General 10
440+Assembly has approved the proposed disposition as provided under paragraph (3) of this 11
441+subsection. 12
477442
478- (2) Except as provided in paragraphs [(2) and] (3) AND (4) of this
479-subsection, if cash is received as consideration for the disposition of a capital asset of the
480-State or any unit of the State government, the cash shall be applied to the State Annuity
481-Bond Fund Account for the payment of the principal of and interest on the bonded
482-indebtedness of the State.
443+ (3) (i) Within 45 days after receiving the information submitted under 13
444+paragraph (2) of this subsection, the Legislative Policy Committee shall: 14
483445
484- [(2)] (3) If the capital asset is real property that is being leased or sold to
485-a private party for the purpose of realizing a transit–oriented development as defined under
486-§ 7–101 of the Transportation Article, at the discretion of the State agency that is disposing
487-of the property, all or a portion of the cash proceeds resulting from the transaction shall be
488-deposited in the Baltimore City Community Enhancement Transit–Oriented Development
489-Fund established under Title 15 of the Economic Development Article for the purposes of
490-that Fund.
446+ 1. review the information and the public record created by 15
447+the Department of Planning for the property; and 16
491448
492- [(3)] (4) (i) If cash is received as consideration for the disposition of a
493-capital asset, and if the capital asset was originally purchased with special funds, the cash
494-shall be applied to the special fund.
449+ 2. A. approve the proposed disposition of the surplus 17
450+property and refer the property back to the Board for final disposition; or 18
495451
496- (ii) Notwithstanding subparagraph (i) of this paragraph, cash
497-received as consideration for the disposition of helicopters, auxiliary helicopter equipment,
498-ground support equipment, or other capital equipment related to helicopters shall be
499-applied to the State Annuity Bond Fund Account for the payment of the principal of and
500-interest on the bonded indebtedness of the State.
452+ B. refer the proposed disposition of the property to the full 19
453+General Assembly and notify the Board of the referral. 20
501454
502- [(4)] (5) If cash is received as consideration for the disposition of any real
503-or personal property of the State or any unit of the State government, other than a capital
504-asset, the cash shall be accounted for and paid into the State Treasury.
455+ (ii) If the Legislative Policy Committee fails to take any action under 21
456+subparagraph (i)2 of this paragraph within the specified time period, the proposed 22
457+disposition shall be deemed approved by the Committee. 23
505458
506- SECTION 3. AND BE IT FURTHER ENACTED, That Se ction 2 of this Act shall take
507-effect October 1, 2022.
459+ (iii) 1. If the proposed disposition of the surplus property is 24
460+referred by the Legislative Policy Committee to the full General Assembly, the proposed 25
461+disposition may not be approved by the Board unless it is approved by the passage of 26
462+legislation during the next legislative session of the General Assembly. 27
508463
509- SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in
510-Section 3 of this Act, this Act shall take effect October June 1, 2022.
464+ 2. In any legislation passed in accordance with 28
465+subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed 29
466+disposition with or without conditions. 30
511467
512-Approved by the Governor, May 12, 2022.
468+ (4) If the Board has declared the property surplus, the Board shall sell the 31
469+property to the federal government, a local government, or a unit of federal or local 32
470+government for $1.00, if: 33
471+ SENATE BILL 744 11
472+
473+
474+ (i) the government or unit has indicated its interest in acquiring the 1
475+land; and 2
476+
477+ (ii) a restrictive covenant is placed on the deed of transfer, in 3
478+accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the 4
479+property to be maintained in a use that is consistent with its use at the time of transfer. 5
480+
481+ (5) Any revenues derived from the sale, transfer, exchange, or grant of 6
482+property identified under paragraph (1)(i)1 of this subsection shall be deposited in the 7
483+Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article. 8
484+
485+ (6) (I) IF THE BOARD HAS DECLARED TH E PROPERTY SURPLUS , 9
486+THE BOARD SHALL DISPOSE OF DONATE, SELL, OR LEASE THE DONATE OR SELL THE 10
487+PROPERTY DETERMINED BY THE DEPARTMENT OF HOUSING AND COMMUNITY 11
488+DEVELOPMENT TO BE SUI TABLE FOR USE OR RED EVELOPMENT AS AFFORD ABLE 12
489+HOUSING IN ACCORDANC E WITH A PROPOSAL DE VELOPED UNDER § 2–203 OF THE 13
490+HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 14
491+
492+ (II) ANY REVENUES DERIVED FROM THE SALE , TRANSFER, 15
493+EXCHANGE, OR GRANT OF P ROPERTY IN ACCORDANC E WITH A PROPOSAL 16
494+DEVELOPED UNDER § 2–203 OF THE HOUSING AND COMMUNITY DEVELOPMENT 17
495+ARTICLE SHALL BE DEPO SITED IN THE RENTAL HOUSING FUND UNDER § 4–504 OF 18
496+THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 19
497+
498+10–306. 20
499+
500+ (c) (1) THIS SUBSECTION DOES NOT APPLY TO PR OPERTY DISPOSED OF 21
501+DONATED, SOLD, OR LEASED IN ACCORDANCE WITH A PROPOSAL DEVELOPED 22
502+UNDER § 2–203 OF THE HOUSING AND COMMUNITY DEVELOPMENT ARTICLE. 23
503+
504+ (2) Except as provided in paragraphs [(2) and] (3) AND (4) of this 24
505+subsection, if cash is received as consideration for the disposition of a capital asset of the 25
506+State or any unit of the State government, the cash shall be applied to the State Annuity 26
507+Bond Fund Account for the payment of the principal of and interest on the bonded 27
508+indebtedness of the State. 28
509+
510+ [(2)] (3) If the capital asset is real property that is being leased or sold to 29
511+a private party for the purpose of realizing a transit–oriented development as defined under 30
512+§ 7–101 of the Transportation Article, at the discretion of the State agency that is disposing 31
513+of the property, all or a portion of the cash proceeds resulting from the transaction shall be 32
514+deposited in the Baltimore City Community Enhancement Transit–Oriented Development 33
515+Fund established under Title 15 of the Economic Development Article for the purposes of 34
516+that Fund. 35
517+ 12 SENATE BILL 744
518+
519+
520+ [(3)] (4) (i) If cash is received as consideration for the disposition of a 1
521+capital asset, and if the capital asset was originally purchased with special funds, the cash 2
522+shall be applied to the special fund. 3
523+
524+ (ii) Notwithstanding subparagraph (i) of this paragraph, cash 4
525+received as consideration for the disposition of helicopters, auxiliary helicopter equipment, 5
526+ground support equipment, or other capital equipment related to helicopters shall be 6
527+applied to the State Annuity Bond Fund Account for the payment of the principal of and 7
528+interest on the bonded indebtedness of the State. 8
529+
530+ [(4)] (5) If cash is received as consideration for the disposition of any real 9
531+or personal property of the State or any unit of the State government, other than a capital 10
532+asset, the cash shall be accounted for and paid into the State Treasury. 11
533+
534+ SECTION 3. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 12
535+effect October 1, 2022. 13
536+
537+ SECTION 2. 4. AND BE IT FURTHER ENACTED, That , except as provided in 14
538+Section 3 of this Act, this Act shall take effect October June 1, 2022. 15
539+
540+
541+
542+
543+Approved:
544+________________________________________________________________________________
545+ Governor.
546+________________________________________________________________________________
547+ President of the Senate.
548+________________________________________________________________________________
549+ Speaker of the House of Delegates.