Maryland 2023 Regular Session

Maryland House Bill HB1128 Compare Versions

Only one version of the bill is available at this time.
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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *hb1128*
66
77 HOUSE BILL 1128
88 C8 3lr1886
99 CF SB 856
1010 By: Delegate Rosenberg
1111 Introduced and read first time: February 10, 2023
1212 Assigned to: Appropriations
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 Economic Development – Maryland Stadium Authority – Baltimore City 2
1919 Infrastructure Projects 3
2020
2121 FOR the purpose of authorizing the Maryland Stadium Authority to acquire sites for 4
2222 infrastructure projects in Baltimore City; authorizing the Authority to issue certain 5
2323 bonds to finance site acquisition, design, construction, equipping, and furnishing of 6
2424 any portion of certain infrastructure projects, subject to certain limitations; 7
2525 providing for the source of payment for certain bonds; requiring the Authority to 8
2626 provide a certain financing plan to certain committees of the General Assembly 9
2727 before seeking approval of the Board of Public Works for certain bond issuing or other 10
2828 borrowing; requiring the Authority to obtain Board of Public Works approval for a 11
2929 certain plan and agreement containing certain terms; establishing the Baltimore 12
3030 City Infrastructure Projects Financing Fund; requiring the Governor to include in 13
3131 the annual budget bill a certain appropriation to the Fund; requiring the interest 14
3232 earnings of the Fund to be credited to the Fund; requiring the Maryland Department 15
3333 of Labor to explore certain investments for apprenticeship programs; and generally 16
3434 relating to the Maryland Stadium Authority and the financing and construction of 17
3535 Baltimore City infrastructure projects. 18
3636
3737 BY renumbering 19
3838 Article – Economic Development 20
3939 Section 10–601(f) through (iii) 21
4040 to be Section 10–601(g) through (jjj), respectively 22
4141 Annotated Code of Maryland 23
4242 (2018 Replacement Volume and 2022 Supplement) 24
4343
4444 BY repealing and reenacting, without amendments, 25
4545 Article – Economic Development 26
4646 Section 10–601(a) through (e) and 10–618(a) 27
4747 Annotated Code of Maryland 28
4848 (2018 Replacement Volume and 2022 Supplement) 29 2 HOUSE BILL 1128
4949
5050
5151
5252 BY adding to 1
5353 Article – Economic Development 2
5454 Section 10–601(f), 10–646.5, and 10–657.6 3
5555 Annotated Code of Maryland 4
5656 (2018 Replacement Volume and 2022 Supplement) 5
5757
5858 BY repealing and reenacting, with amendments, 6
5959 Article – Economic Development 7
6060 Section 10–618(b), 10–620(d) and (e), and 10–628(c) 8
6161 Annotated Code of Maryland 9
6262 (2018 Replacement Volume and 2022 Supplement) 10
6363
6464 BY repealing and reenacting, without amendments, 11
6565 Article – State Finance and Procurement 12
6666 Section 6–226(a)(2)(i) 13
6767 Annotated Code of Maryland 14
6868 (2021 Replacement Volume and 2022 Supplement) 15
6969
7070 BY repealing and reenacting, with amendments, 16
7171 Article – State Finance and Procurement 17
7272 Section 6–226(a)(2)(ii)170. and 171. 18
7373 Annotated Code of Maryland 19
7474 (2021 Replacement Volume 2022 Supplement) 20
7575
7676 BY adding to 21
7777 Article – State Finance and Procurement 22
7878 Section 6–226(a)(2)(ii)172. 23
7979 Annotated Code of Maryland 24
8080 (2021 Replacement Volume and 2022 Supplement) 25
8181
8282 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
8383 That Section(s) 10–601(f) through (iii) of Article – Economic Development of the Annotated 27
8484 Code of Maryland be renumbered to be Section(s) 10–601(g) through (jjj), respectively. 28
8585
8686 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
8787 as follows: 30
8888
8989 Article – Economic Development 31
9090
9191 10–601. 32
9292
9393 (a) In this subtitle the following words have the meanings indicated. 33
9494
9595 (b) “Authority” means the Maryland Stadium Authority. 34
9696 HOUSE BILL 1128 3
9797
9898
9999 (c) “Authority affiliate” means a for–profit or nonprofit entity in which the 1
100100 Authority directly or indirectly owns any membership interest or equity interest. 2
101101
102102 (d) “Baltimore City” means, as the context requires: 3
103103
104104 (1) the geographic area of the City of Baltimore; or 4
105105
106106 (2) the Mayor and City Council of Baltimore. 5
107107
108108 (e) “Baltimore City Board of School Commissioners” means the Baltimore City 6
109109 Board of School Commissioners of the Baltimore City Public School System established 7
110110 under § 3–108.1 of the Education Article. 8
111111
112112 (F) “BALTIMORE CITY INFRASTRUCTURE PROJECT” MEANS AN 9
113113 INFRASTRUCTURE PROJE CT LOCATED IN BALTIMORE CITY, INCLUDING PROJECTS 10
114114 FOR: 11
115115
116116 (1) WATER LINES; 12
117117
118118 (2) ROADS; 13
119119
120120 (3) BRIDGES; 14
121121
122122 (4) OPEN SPACE; AND 15
123123
124124 (5) BROADBAND CONNECTIVI TY. 16
125125
126126 10–618. 17
127127
128128 (a) (1) Except as provided in paragraph (2) of this subsection, contracts to 18
129129 acquire any facility site, to construct the facility, or for construction on the facility site 19
130130 require the prior approval of the Board of Public Works. 20
131131
132132 (2) Contracts to construct a public school facility or for construction on a 21
133133 public school site do not require the prior approval of the Board of Public Works. 22
134134
135135 (b) The Authority may: 23
136136
137137 (1) acquire by any of the means specified in § 10–620(a) of this subtitle: 24
138138
139139 (i) a site at Camden Yards for a facility; 25
140140
141141 (ii) a Baltimore Convention site or an interest in the site; 26
142142
143143 (iii) an Ocean City Convention site or an interest in the site; 27
144144 4 HOUSE BILL 1128
145145
146146
147147 (iv) a Montgomery County Conference site or an interest in the site; 1
148148
149149 (v) a Hippodrome Performing Arts site or an interest in the site; 2
150150
151151 (vi) a Hagerstown Multi–Use Sports and Events Facility site or an 3
152152 interest in the site; 4
153153
154154 (vii) a sports entertainment facility site or an interest in the site; 5
155155 [and] 6
156156
157157 (viii) a Prince George’s County Blue Line Corridor facility site or an 7
158158 interest in the site; and 8
159159
160160 (IX) SITES FOR BALTIMORE CITY INFRASTRUCTURE P ROJECTS; 9
161161 AND 10
162162
163163 (2) construct or enter into a contract to construct a facility on a site it 11
164164 acquires under this subsection. 12
165165
166166 10–620. 13
167167
168168 (d) (1) The exercise of authority under this subsection is subject to the prior 14
169169 approval of the Board of Public Works. 15
170170
171171 (2) On request of the Authority, the State, a unit of the State, or a political 16
172172 subdivision may lease, lend, grant, or otherwise convey to the Authority, property, 17
173173 including property devoted to public use, as necessary or convenient for the purposes of this 18
174174 subtitle. 19
175175
176176 (3) The State may lease or sublease a facility, or an interest in a facility, 20
177177 from or to the Authority, whether or not constructed or usable. 21
178178
179179 (4) Lease payments to the Authority appropriated by the State shall be 22
180180 transferred to: 23
181181
182182 (i) the Baltimore Convention Fund if appropriated for a Baltimore 24
183183 Convention facility; 25
184184
185185 (ii) the Camden Yards Fund if appropriated for a sports facility or 26
186186 other facility at Camden Yards; 27
187187
188188 (iii) the Hippodrome Performing Arts Fund if appropriated for a 28
189189 Hippodrome Performing Arts facility; 29
190190
191191 (iv) the Montgomery County Conference Fund if appropriated for a 30
192192 Montgomery County Conference facility; 31
193193 HOUSE BILL 1128 5
194194
195195
196196 (v) the Ocean City Convention Fund if appropriated for an Ocean 1
197197 City Convention facility; 2
198198
199199 (vi) the Hagerstown Multi–Use Sports and Events Facility Fund if 3
200200 appropriated for a Hagerstown Multi–Use Sports and Events Facility; 4
201201
202202 (vii) the Sports Entertainment Facilities Financing Fund if 5
203203 appropriated for a sports entertainment facility; [or] 6
204204
205205 (viii) the Prince George’s County Blue Line Corridor Facility Fund if 7
206206 appropriated for a Prince George’s County Blue Line Corridor facility; OR 8
207207
208208 (IX) THE BALTIMORE CITY INFRASTRUCTURE PROJECTS 9
209209 FINANCING FUND FOR BALTIMORE CITY INFRASTRUCTURE P ROJECTS. 10
210210
211211 (e) (1) This subsection does not apply to the: 11
212212
213213 (I) Camden Yards site[,]; 12
214214
215215 (II) Baltimore Convention site[,]; 13
216216
217217 (III) Ocean City Convention site[,]; 14
218218
219219 (IV) Hippodrome Performing Arts site[,]; 15
220220
221221 (V) any Baltimore City public school site[,]; 16
222222
223223 (VI) any racing facility[,]; 17
224224
225225 (VII) the Hagerstown Multi–Use Sports and Events Facility site[,]; 18
226226
227227 (VIII) any supplemental facility site[,]; 19
228228
229229 (IX) any public school site[,]; 20
230230
231231 (X) a sports entertainment facility[,or]; 21
232232
233233 (XI) a Prince George’s County Blue Line Corridor facility site; OR 22
234234
235235 (XII) A SITE FOR BALTIMORE CITY INFRASTRUCTURE 23
236236 PROJECTS. 24
237237 6 HOUSE BILL 1128
238238
239239
240240 (2) The Authority and any Authority affiliate are subject to applicable 1
241241 planning, zoning, and development regulations to the same extent as a private commercial 2
242242 or industrial enterprise. 3
243243
244244 10–628. 4
245245
246246 (c) (1) Unless authorized by the General Assembly, the Board of Public Works 5
247247 may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 6
248248 that constitute tax supported debt or nontax supported debt if, after issuance, there would 7
249249 be outstanding and unpaid more than the following face amounts of the bonds for the 8
250250 purpose of financing acquisition, construction, renovation, and related expenses for 9
251251 construction management, professional fees, and contingencies in connection with: 10
252252
253253 (i) the Baltimore Convention facility – $55,000,000; 11
254254
255255 (ii) the Hippodrome Performing Arts facility – $20,250,000; 12
256256
257257 (iii) the Montgomery County Conference facility – $23,185,000; 13
258258
259259 (iv) the Ocean City Convention facility – $24,500,000; 14
260260
261261 (v) Baltimore City public school facilities – $1,100,000,000; 15
262262
263263 (vi) supplemental facilities – $25,000,000; 16
264264
265265 (vii) racing facilities – $375,000,000; 17
266266
267267 (viii) public school facilities in the State – $2,200,000,000; 18
268268
269269 (ix) the Hagerstown Multi–Use Sports and Events Facility – 19
270270 $59,500,000; 20
271271
272272 (x) sports entertainment facilities – $200,000,000; [and] 21
273273
274274 (xi) Prince George’s County Blue Line Corridor facilities – 22
275275 $400,000,000; AND 23
276276
277277 (XII) BALTIMORE CITY INFRASTRUCTURE PROJECTS – 24
278278 $1,000,000,000. 25
279279
280280 (2) (i) The limitation under paragraph (1)(i) of this subsection applies 26
281281 to the aggregate principal amount of bonds outstanding as of June 30 of any year. 27
282282
283283 (ii) Refunded bonds may not be included in the determination of an 28
284284 outstanding aggregate amount under this paragraph. 29
285285 HOUSE BILL 1128 7
286286
287287
288288 10–646.5. 1
289289
290290 (A) EXCEPT AS AUTHORIZED BY § 10–639 OF THIS SUBTITLE , TO FINANCE 2
291291 SITE ACQUISITION , DESIGN, CONSTRUCTION , EQUIPPING, AND FURNISHING OF AN Y 3
292292 SEGMENT OF A BALTIMORE CITY INFRASTRUCTURE PROJE CT, THE AUTHORITY 4
293293 SHALL COMPLY WITH TH IS SECTION. 5
294294
295295 (B) (1) THE AUTHORITY SHALL HAVE RECEIVED A WRITTEN R EQUEST 6
296296 FOR FINANCING AND CO NSTRUCTION MANAGEMEN T SERVICES FROM BALTIMORE 7
297297 CITY. 8
298298
299299 (2) THE REQUEST SHALL INC LUDE: 9
300300
301301 (I) THE LOCA TION OF THE PROPOSED BALTIMORE CITY 10
302302 INFRASTRUCTURE PROJE CT; 11
303303
304304 (II) THE AMOUNT , SOURCE, AND TIMING OF FUNDIN G, NOT 12
305305 INCLUDING AUTHORITY BONDS THAT MAY BE ISSUED TO FIN ANCE THE BALTIMORE 13
306306 CITY INFRASTRUCTURE P ROJECT; AND 14
307307
308308 (III) A DESCRIPTION OF THE ANTICIPATED USE OF T HE 15
309309 PROPOSED INFRASTRUCTURE PROJE CT. 16
310310
311311 (C) FOR BALTIMORE CITY INFRASTRUCTURE P ROJECTS, THE AUTHORITY 17
312312 AND BALTIMORE CITY SHALL REQUIRE EA CH PROJECT TO UTILIZE A RATIO OF 18
313313 APPRENTICES , AS DEFINED BY THE MARYLAND DEPARTMENT OF LABOR. 19
314314
315315 (D) THE AUTHORITY SHALL PROVI DE TO THE FISCAL COMMITTEE S OF THE 20
316316 GENERAL ASSEMBLY, AT LEAST 45 DAYS BEFORE SEEKING APPROVAL OF THE 21
317317 BOARD OF PUBLIC WORKS FOR EACH BOND I SSUE OR OTHER BORROW ING, A 22
318318 COMPREHENSIVE FINANC ING PLAN FOR THE REL EVANT SEGMENT OF THE 23
319319 INFRASTRUCTURE PROJE CT. 24
320320
321321 (E) THE AUTHORITY SHALL OBTAI N THE APPROVAL OF TH E BOARD OF 25
322322 PUBLIC WORKS OF THE PROPOSED BOND ISSUE, THE FINANCING PLAN , AND THE 26
323323 AGREEMENT UNDER SUBS ECTION (F) OF THIS SECTION. 27
324324
325325 (F) THE AUTHORITY MAY NOT ISS UE BONDS TO FINANCE A BALTIMORE 28
326326 CITY INFRASTRUCTURE P ROJECT UNTIL THE AUTHORITY SECURES A W RITTEN 29
327327 AGREEMENT WITH BALTIMORE CITY, AS APPROVED BY THE BOARD OF PUBLIC 30
328328 WORKS, UNDER WHICH THE SOURCE OF FUNDIN G AND THE ORDER IN W HICH FUNDS 31
329329 WILL BE SPENT IS DES CRIBED. 32
330330 8 HOUSE BILL 1128
331331
332332
333333 (G) (1) A BOND ISSUED TO FINAN CE A BALTIMORE CITY 1
334334 INFRASTRUCTURE PROJE CT: 2
335335
336336 (I) IS A LIMITED OBLIGAT ION OF THE AUTHORITY PAYABLE 3
337337 SOLELY FROM MONEY PL EDGED BY THE AUTHORITY TO THE PAYM ENT OF THE 4
338338 PRINCIPAL OF AND THE PREMIUM AND INTEREST ON THE BOND OR MONEY MADE 5
339339 AVAILABLE TO THE AUTHORITY FOR THAT PU RPOSE; 6
340340
341341 (II) IS NOT A DEBT, LIABILITY, OR PLEDGE OF THE FAI TH AND 7
342342 CREDIT OR THE TAXING POWER OF THE STATE, THE AUTHORITY, OR ANY OTHER 8
343343 GOVERNMENTAL UNIT BU T IS ONLY A LIMITED OBLIGATION OF THE AUTHORITY 9
344344 PAYABLE SOLELY FROM MONEY MADE AVAILABLE TO THE AUTHORITY FOR THAT 10
345345 PURPOSE; AND 11
346346
347347 (III) MAY NOT GIVE RISE TO ANY PECUNIARY LIABIL ITY OF THE 12
348348 STATE, THE AUTHORITY, OR ANY OTHER GOVERNM ENTAL UNIT BUT IS ON LY A 13
349349 LIMITED OBLIGATION OF THE AUTHORITY PAYABLE SOL ELY FROM MONEY PLEDG ED 14
350350 BY THE AUTHORITY. 15
351351
352352 (2) THE ISSUANCE OF A BON D TO FINANCE A BALTIMORE CITY 16
353353 INFRASTRUCTURE PROJE CT IS NOT DIRECTLY , INDIRECTLY, OR CONTINGENTLY A 17
354354 MORAL OR OTHER OBLIG ATION OF THE STATE, THE AUTHORITY, OR ANY OTHER 18
355355 GOVERNMENTAL UNIT TO LEVY OR PLEDGE ANY T AX OR TO MAKE AN 19
356356 APPROPRIATION TO PAY THE BOND. 20
357357
358358 (3) EACH BOND SHALL STATE ON ITS FACE THE PROV ISIONS OF 21
359359 PARAGRAPHS (1) AND (2) OF THIS SUBSECTION . 22
360360
361361 (H) THE SOLE SOURCE OF PA YMENT FOR BONDS ISSU ED FOR A BALTIMORE 23
362362 CITY INFRASTRUCTURE P ROJECT SHALL BE MONEY ON DEP OSIT IN THE BALTIMORE 24
363363 CITY INFRASTRUCTURE PROJECTS FINANCING FUND. 25
364364
365365 10–657.6. 26
366366
367367 (A) IN THIS SECTION , “FUND” MEANS THE BALTIMORE CITY 27
368368 INFRASTRUCTURE PROJECTS FINANCING FUND. 28
369369
370370 (B) THERE IS A BALTIMORE CITY INFRASTRUCTURE PROJECTS FINANCING 29
371371 FUND. 30
372372
373373 (C) THE AUTHORITY SHALL : 31
374374
375375 (1) ADMINISTER THE FUND; 32 HOUSE BILL 1128 9
376376
377377
378378
379379 (2) USE THE FUND AS A REVOLVING F UND FOR CARRYING OUT THIS 1
380380 SUBTITLE CONCERNING BALTIMORE CITY INFRASTRUCTURE PROJECTS; AND 2
381381
382382 (3) PAY ANY AND ALL EXPE NSES FROM THE FUND THAT ARE 3
383383 INCURRED BY THE AUTHORITY RELATED TO ANY BALTIMORE CITY 4
384384 INFRASTRUCTURE PROJE CT. 5
385385
386386 (D) (1) THE FUND IS A CONTINUING , NONLAPSING FUND THAT IS NOT 6
387387 SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 7
388388 PROCUREMENT ARTICLE. 8
389389
390390 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
391391 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
392392
393393 (E) TO THE EXTENT CONSIDE RED APPROPRIATE BY T HE AUTHORITY, THE 11
394394 MONEY ON DEPOSIT IN THE FUND SHALL BE PLEDGED TO AND USED TO PAY T HE 12
395395 FOLLOWING RELATED TO BALTIMORE CITY INFRASTRUCTURE P ROJECTS: 13
396396
397397 (1) DEBT SERVICE ON AUTHORITY BONDS ; 14
398398
399399 (2) DEBT SERVICE RESERVE S UNDER A TRUST AGRE EMENT; 15
400400
401401 (3) ALL REASONABLE CHARG ES AND EXPENSES RELA TED TO 16
402402 AUTHORITY BORROWING ; AND 17
403403
404404 (4) ALL REASONABLE CHARGES A ND EXPENSES RELATED TO THE 18
405405 AUTHORITY’S ADMINISTRATION OF THE FUND AND MANAGEMENT O F THE 19
406406 AUTHORITY’S OBLIGATIONS. 20
407407
408408 (F) THE FUND CONSISTS OF : 21
409409
410410 (1) MONEY DEPOSITED INTO THE FUND; 22
411411
412412 (2) TO THE EXTENT THAT T HE PROCEEDS ARE NOT UNDER A TRUST 23
413413 AGREEMENT , PROCEEDS FROM THE SA LE OF BONDS CONCERNI NG BALTIMORE CITY 24
414414 INFRASTRUCTURE PROJE CTS; 25
415415
416416 (3) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER 26
417417 THIS SUBTITLE RELATE D TO BALTIMORE CITY INFRASTRUCTURE PROJECT S; 27
418418
419419 (4) ANY INTEREST EARNING S OF THE FUND; AND 28
420420 10 HOUSE BILL 1128
421421
422422
423423 (5) ANY ADDITIONAL MONEY MADE AVAILABLE FROM ANY PUBLIC 1
424424 SOURCE FOR THE PURPO SES ESTABLISHED FOR THE FUND. 2
425425
426426 (G) THE GOVERNOR SHALL INCLUDE IN THE ANNUA L BUDGET BILL AN 3
427427 APPROPRIAT ION OF $58,000,000 TO THE FUND. 4
428428
429429 (H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 5
430430 IN THE SAME MANNER A S OTHER STATE FUNDS. 6
431431
432432 (2) ANY INVESTMENT EARNIN GS SHALL BE CREDITED TO THE FUND. 7
433433
434434 (3) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO THE 8
435435 GENERAL FUND OR ANY SPECIAL F UND OF THE STATE. 9
436436
437437 Article – State Finance and Procurement 10
438438
439439 6–226. 11
440440
441441 (a) (2) (i) Notwithstanding any other provision of law, and unless 12
442442 inconsistent with a federal law, grant agreement, or other federal requirement or with the 13
443443 terms of a gift or settlement agreement, net interest on all State money allocated by the 14
444444 State Treasurer under this section to special funds or accounts, and otherwise entitled to 15
445445 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 16
446446 Fund of the State. 17
447447
448448 (ii) The provisions of subparagraph (i) of this paragraph do not apply 18
449449 to the following funds: 19
450450
451451 170. the Cannabis Public Health Fund; [and] 20
452452
453453 171. the Community Reinvestment and Repair Fund; AND 21
454454
455455 172. THE BALTIMORE CITY INFRASTRUCTURE PROJECTS 22
456456 FINANCING FUND. 23
457457
458458 SECTION 3. AND BE IT FURTHER ENACTED, That the Governor shall use 24
459459 increased tax revenue and savings of general funds from federal reimbursement for 25
460460 Medicaid to make the appropriation required under § 10–657.6(g) of the Economic 26
461461 Development Article, as enacted by Section 2 of this Act. 27
462462
463463 SECTION 4. AND BE IT FURTHER ENACTED, That the Maryland Department of 28
464464 Labor shall explore the investments that are needed to increase the capacity and reach of 29
465465 apprenticeship programs run by skilled trade unions and other organizations to make the 30
466466 needed investment under this Act. 31
467467 HOUSE BILL 1128 11
468468
469469
470470 SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
471471 1, 2023. 2