EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1128*
HOUSE BILL 1128
C8 3lr1886
CF SB 856
By: Delegate Rosenberg
Introduced and read first time: February 10, 2023
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
Economic Development – Maryland Stadium Authority – Baltimore City 2
Infrastructure Projects 3
FOR the purpose of authorizing the Maryland Stadium Authority to acquire sites for 4
infrastructure projects in Baltimore City; authorizing the Authority to issue certain 5
bonds to finance site acquisition, design, construction, equipping, and furnishing of 6
any portion of certain infrastructure projects, subject to certain limitations; 7
providing for the source of payment for certain bonds; requiring the Authority to 8
provide a certain financing plan to certain committees of the General Assembly 9
before seeking approval of the Board of Public Works for certain bond issuing or other 10
borrowing; requiring the Authority to obtain Board of Public Works approval for a 11
certain plan and agreement containing certain terms; establishing the Baltimore 12
City Infrastructure Projects Financing Fund; requiring the Governor to include in 13
the annual budget bill a certain appropriation to the Fund; requiring the interest 14
earnings of the Fund to be credited to the Fund; requiring the Maryland Department 15
of Labor to explore certain investments for apprenticeship programs; and generally 16
relating to the Maryland Stadium Authority and the financing and construction of 17
Baltimore City infrastructure projects. 18
BY renumbering 19
Article – Economic Development 20
Section 10–601(f) through (iii) 21
to be Section 10–601(g) through (jjj), respectively 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2022 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Economic Development 26
Section 10–601(a) through (e) and 10–618(a) 27
Annotated Code of Maryland 28
(2018 Replacement Volume and 2022 Supplement) 29 2 HOUSE BILL 1128
BY adding to 1
Article – Economic Development 2
Section 10–601(f), 10–646.5, and 10–657.6 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2022 Supplement) 5
BY repealing and reenacting, with amendments, 6
Article – Economic Development 7
Section 10–618(b), 10–620(d) and (e), and 10–628(c) 8
Annotated Code of Maryland 9
(2018 Replacement Volume and 2022 Supplement) 10
BY repealing and reenacting, without amendments, 11
Article – State Finance and Procurement 12
Section 6–226(a)(2)(i) 13
Annotated Code of Maryland 14
(2021 Replacement Volume and 2022 Supplement) 15
BY repealing and reenacting, with amendments, 16
Article – State Finance and Procurement 17
Section 6–226(a)(2)(ii)170. and 171. 18
Annotated Code of Maryland 19
(2021 Replacement Volume 2022 Supplement) 20
BY adding to 21
Article – State Finance and Procurement 22
Section 6–226(a)(2)(ii)172. 23
Annotated Code of Maryland 24
(2021 Replacement Volume and 2022 Supplement) 25
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26
That Section(s) 10–601(f) through (iii) of Article – Economic Development of the Annotated 27
Code of Maryland be renumbered to be Section(s) 10–601(g) through (jjj), respectively. 28
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 29
as follows: 30
Article – Economic Development 31
10–601. 32
(a) In this subtitle the following words have the meanings indicated. 33
(b) “Authority” means the Maryland Stadium Authority. 34
HOUSE BILL 1128 3
(c) “Authority affiliate” means a for–profit or nonprofit entity in which the 1
Authority directly or indirectly owns any membership interest or equity interest. 2
(d) “Baltimore City” means, as the context requires: 3
(1) the geographic area of the City of Baltimore; or 4
(2) the Mayor and City Council of Baltimore. 5
(e) “Baltimore City Board of School Commissioners” means the Baltimore City 6
Board of School Commissioners of the Baltimore City Public School System established 7
under § 3–108.1 of the Education Article. 8
(F) “BALTIMORE CITY INFRASTRUCTURE PROJECT” MEANS AN 9
INFRASTRUCTURE PROJE CT LOCATED IN BALTIMORE CITY, INCLUDING PROJECTS 10
FOR: 11
(1) WATER LINES; 12
(2) ROADS; 13
(3) BRIDGES; 14
(4) OPEN SPACE; AND 15
(5) BROADBAND CONNECTIVI TY. 16
10–618. 17
(a) (1) Except as provided in paragraph (2) of this subsection, contracts to 18
acquire any facility site, to construct the facility, or for construction on the facility site 19
require the prior approval of the Board of Public Works. 20
(2) Contracts to construct a public school facility or for construction on a 21
public school site do not require the prior approval of the Board of Public Works. 22
(b) The Authority may: 23
(1) acquire by any of the means specified in § 10–620(a) of this subtitle: 24
(i) a site at Camden Yards for a facility; 25
(ii) a Baltimore Convention site or an interest in the site; 26
(iii) an Ocean City Convention site or an interest in the site; 27
4 HOUSE BILL 1128
(iv) a Montgomery County Conference site or an interest in the site; 1
(v) a Hippodrome Performing Arts site or an interest in the site; 2
(vi) a Hagerstown Multi–Use Sports and Events Facility site or an 3
interest in the site; 4
(vii) a sports entertainment facility site or an interest in the site; 5
[and] 6
(viii) a Prince George’s County Blue Line Corridor facility site or an 7
interest in the site; and 8
(IX) SITES FOR BALTIMORE CITY INFRASTRUCTURE P ROJECTS; 9
AND 10
(2) construct or enter into a contract to construct a facility on a site it 11
acquires under this subsection. 12
10–620. 13
(d) (1) The exercise of authority under this subsection is subject to the prior 14
approval of the Board of Public Works. 15
(2) On request of the Authority, the State, a unit of the State, or a political 16
subdivision may lease, lend, grant, or otherwise convey to the Authority, property, 17
including property devoted to public use, as necessary or convenient for the purposes of this 18
subtitle. 19
(3) The State may lease or sublease a facility, or an interest in a facility, 20
from or to the Authority, whether or not constructed or usable. 21
(4) Lease payments to the Authority appropriated by the State shall be 22
transferred to: 23
(i) the Baltimore Convention Fund if appropriated for a Baltimore 24
Convention facility; 25
(ii) the Camden Yards Fund if appropriated for a sports facility or 26
other facility at Camden Yards; 27
(iii) the Hippodrome Performing Arts Fund if appropriated for a 28
Hippodrome Performing Arts facility; 29
(iv) the Montgomery County Conference Fund if appropriated for a 30
Montgomery County Conference facility; 31
HOUSE BILL 1128 5
(v) the Ocean City Convention Fund if appropriated for an Ocean 1
City Convention facility; 2
(vi) the Hagerstown Multi–Use Sports and Events Facility Fund if 3
appropriated for a Hagerstown Multi–Use Sports and Events Facility; 4
(vii) the Sports Entertainment Facilities Financing Fund if 5
appropriated for a sports entertainment facility; [or] 6
(viii) the Prince George’s County Blue Line Corridor Facility Fund if 7
appropriated for a Prince George’s County Blue Line Corridor facility; OR 8
(IX) THE BALTIMORE CITY INFRASTRUCTURE PROJECTS 9
FINANCING FUND FOR BALTIMORE CITY INFRASTRUCTURE P ROJECTS. 10
(e) (1) This subsection does not apply to the: 11
(I) Camden Yards site[,]; 12
(II) Baltimore Convention site[,]; 13
(III) Ocean City Convention site[,]; 14
(IV) Hippodrome Performing Arts site[,]; 15
(V) any Baltimore City public school site[,]; 16
(VI) any racing facility[,]; 17
(VII) the Hagerstown Multi–Use Sports and Events Facility site[,]; 18
(VIII) any supplemental facility site[,]; 19
(IX) any public school site[,]; 20
(X) a sports entertainment facility[,or]; 21
(XI) a Prince George’s County Blue Line Corridor facility site; OR 22
(XII) A SITE FOR BALTIMORE CITY INFRASTRUCTURE 23
PROJECTS. 24
6 HOUSE BILL 1128
(2) The Authority and any Authority affiliate are subject to applicable 1
planning, zoning, and development regulations to the same extent as a private commercial 2
or industrial enterprise. 3
10–628. 4
(c) (1) Unless authorized by the General Assembly, the Board of Public Works 5
may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 6
that constitute tax supported debt or nontax supported debt if, after issuance, there would 7
be outstanding and unpaid more than the following face amounts of the bonds for the 8
purpose of financing acquisition, construction, renovation, and related expenses for 9
construction management, professional fees, and contingencies in connection with: 10
(i) the Baltimore Convention facility – $55,000,000; 11
(ii) the Hippodrome Performing Arts facility – $20,250,000; 12
(iii) the Montgomery County Conference facility – $23,185,000; 13
(iv) the Ocean City Convention facility – $24,500,000; 14
(v) Baltimore City public school facilities – $1,100,000,000; 15
(vi) supplemental facilities – $25,000,000; 16
(vii) racing facilities – $375,000,000; 17
(viii) public school facilities in the State – $2,200,000,000; 18
(ix) the Hagerstown Multi–Use Sports and Events Facility – 19
$59,500,000; 20
(x) sports entertainment facilities – $200,000,000; [and] 21
(xi) Prince George’s County Blue Line Corridor facilities – 22
$400,000,000; AND 23
(XII) BALTIMORE CITY INFRASTRUCTURE PROJECTS – 24
$1,000,000,000. 25
(2) (i) The limitation under paragraph (1)(i) of this subsection applies 26
to the aggregate principal amount of bonds outstanding as of June 30 of any year. 27
(ii) Refunded bonds may not be included in the determination of an 28
outstanding aggregate amount under this paragraph. 29
HOUSE BILL 1128 7
10–646.5. 1
(A) EXCEPT AS AUTHORIZED BY § 10–639 OF THIS SUBTITLE , TO FINANCE 2
SITE ACQUISITION , DESIGN, CONSTRUCTION , EQUIPPING, AND FURNISHING OF AN Y 3
SEGMENT OF A BALTIMORE CITY INFRASTRUCTURE PROJE CT, THE AUTHORITY 4
SHALL COMPLY WITH TH IS SECTION. 5
(B) (1) THE AUTHORITY SHALL HAVE RECEIVED A WRITTEN R EQUEST 6
FOR FINANCING AND CO NSTRUCTION MANAGEMEN T SERVICES FROM BALTIMORE 7
CITY. 8
(2) THE REQUEST SHALL INC LUDE: 9
(I) THE LOCA TION OF THE PROPOSED BALTIMORE CITY 10
INFRASTRUCTURE PROJE CT; 11
(II) THE AMOUNT , SOURCE, AND TIMING OF FUNDIN G, NOT 12
INCLUDING AUTHORITY BONDS THAT MAY BE ISSUED TO FIN ANCE THE BALTIMORE 13
CITY INFRASTRUCTURE P ROJECT; AND 14
(III) A DESCRIPTION OF THE ANTICIPATED USE OF T HE 15
PROPOSED INFRASTRUCTURE PROJE CT. 16
(C) FOR BALTIMORE CITY INFRASTRUCTURE P ROJECTS, THE AUTHORITY 17
AND BALTIMORE CITY SHALL REQUIRE EA CH PROJECT TO UTILIZE A RATIO OF 18
APPRENTICES , AS DEFINED BY THE MARYLAND DEPARTMENT OF LABOR. 19
(D) THE AUTHORITY SHALL PROVI DE TO THE FISCAL COMMITTEE S OF THE 20
GENERAL ASSEMBLY, AT LEAST 45 DAYS BEFORE SEEKING APPROVAL OF THE 21
BOARD OF PUBLIC WORKS FOR EACH BOND I SSUE OR OTHER BORROW ING, A 22
COMPREHENSIVE FINANC ING PLAN FOR THE REL EVANT SEGMENT OF THE 23
INFRASTRUCTURE PROJE CT. 24
(E) THE AUTHORITY SHALL OBTAI N THE APPROVAL OF TH E BOARD OF 25
PUBLIC WORKS OF THE PROPOSED BOND ISSUE, THE FINANCING PLAN , AND THE 26
AGREEMENT UNDER SUBS ECTION (F) OF THIS SECTION. 27
(F) THE AUTHORITY MAY NOT ISS UE BONDS TO FINANCE A BALTIMORE 28
CITY INFRASTRUCTURE P ROJECT UNTIL THE AUTHORITY SECURES A W RITTEN 29
AGREEMENT WITH BALTIMORE CITY, AS APPROVED BY THE BOARD OF PUBLIC 30
WORKS, UNDER WHICH THE SOURCE OF FUNDIN G AND THE ORDER IN W HICH FUNDS 31
WILL BE SPENT IS DES CRIBED. 32
8 HOUSE BILL 1128
(G) (1) A BOND ISSUED TO FINAN CE A BALTIMORE CITY 1
INFRASTRUCTURE PROJE CT: 2
(I) IS A LIMITED OBLIGAT ION OF THE AUTHORITY PAYABLE 3
SOLELY FROM MONEY PL EDGED BY THE AUTHORITY TO THE PAYM ENT OF THE 4
PRINCIPAL OF AND THE PREMIUM AND INTEREST ON THE BOND OR MONEY MADE 5
AVAILABLE TO THE AUTHORITY FOR THAT PU RPOSE; 6
(II) IS NOT A DEBT, LIABILITY, OR PLEDGE OF THE FAI TH AND 7
CREDIT OR THE TAXING POWER OF THE STATE, THE AUTHORITY, OR ANY OTHER 8
GOVERNMENTAL UNIT BU T IS ONLY A LIMITED OBLIGATION OF THE AUTHORITY 9
PAYABLE SOLELY FROM MONEY MADE AVAILABLE TO THE AUTHORITY FOR THAT 10
PURPOSE; AND 11
(III) MAY NOT GIVE RISE TO ANY PECUNIARY LIABIL ITY OF THE 12
STATE, THE AUTHORITY, OR ANY OTHER GOVERNM ENTAL UNIT BUT IS ON LY A 13
LIMITED OBLIGATION OF THE AUTHORITY PAYABLE SOL ELY FROM MONEY PLEDG ED 14
BY THE AUTHORITY. 15
(2) THE ISSUANCE OF A BON D TO FINANCE A BALTIMORE CITY 16
INFRASTRUCTURE PROJE CT IS NOT DIRECTLY , INDIRECTLY, OR CONTINGENTLY A 17
MORAL OR OTHER OBLIG ATION OF THE STATE, THE AUTHORITY, OR ANY OTHER 18
GOVERNMENTAL UNIT TO LEVY OR PLEDGE ANY T AX OR TO MAKE AN 19
APPROPRIATION TO PAY THE BOND. 20
(3) EACH BOND SHALL STATE ON ITS FACE THE PROV ISIONS OF 21
PARAGRAPHS (1) AND (2) OF THIS SUBSECTION . 22
(H) THE SOLE SOURCE OF PA YMENT FOR BONDS ISSU ED FOR A BALTIMORE 23
CITY INFRASTRUCTURE P ROJECT SHALL BE MONEY ON DEP OSIT IN THE BALTIMORE 24
CITY INFRASTRUCTURE PROJECTS FINANCING FUND. 25
10–657.6. 26
(A) IN THIS SECTION , “FUND” MEANS THE BALTIMORE CITY 27
INFRASTRUCTURE PROJECTS FINANCING FUND. 28
(B) THERE IS A BALTIMORE CITY INFRASTRUCTURE PROJECTS FINANCING 29
FUND. 30
(C) THE AUTHORITY SHALL : 31
(1) ADMINISTER THE FUND; 32 HOUSE BILL 1128 9
(2) USE THE FUND AS A REVOLVING F UND FOR CARRYING OUT THIS 1
SUBTITLE CONCERNING BALTIMORE CITY INFRASTRUCTURE PROJECTS; AND 2
(3) PAY ANY AND ALL EXPE NSES FROM THE FUND THAT ARE 3
INCURRED BY THE AUTHORITY RELATED TO ANY BALTIMORE CITY 4
INFRASTRUCTURE PROJE CT. 5
(D) (1) THE FUND IS A CONTINUING , NONLAPSING FUND THAT IS NOT 6
SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 7
PROCUREMENT ARTICLE. 8
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 9
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 10
(E) TO THE EXTENT CONSIDE RED APPROPRIATE BY T HE AUTHORITY, THE 11
MONEY ON DEPOSIT IN THE FUND SHALL BE PLEDGED TO AND USED TO PAY T HE 12
FOLLOWING RELATED TO BALTIMORE CITY INFRASTRUCTURE P ROJECTS: 13
(1) DEBT SERVICE ON AUTHORITY BONDS ; 14
(2) DEBT SERVICE RESERVE S UNDER A TRUST AGRE EMENT; 15
(3) ALL REASONABLE CHARG ES AND EXPENSES RELA TED TO 16
AUTHORITY BORROWING ; AND 17
(4) ALL REASONABLE CHARGES A ND EXPENSES RELATED TO THE 18
AUTHORITY’S ADMINISTRATION OF THE FUND AND MANAGEMENT O F THE 19
AUTHORITY’S OBLIGATIONS. 20
(F) THE FUND CONSISTS OF : 21
(1) MONEY DEPOSITED INTO THE FUND; 22
(2) TO THE EXTENT THAT T HE PROCEEDS ARE NOT UNDER A TRUST 23
AGREEMENT , PROCEEDS FROM THE SA LE OF BONDS CONCERNI NG BALTIMORE CITY 24
INFRASTRUCTURE PROJE CTS; 25
(3) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER 26
THIS SUBTITLE RELATE D TO BALTIMORE CITY INFRASTRUCTURE PROJECT S; 27
(4) ANY INTEREST EARNING S OF THE FUND; AND 28
10 HOUSE BILL 1128
(5) ANY ADDITIONAL MONEY MADE AVAILABLE FROM ANY PUBLIC 1
SOURCE FOR THE PURPO SES ESTABLISHED FOR THE FUND. 2
(G) THE GOVERNOR SHALL INCLUDE IN THE ANNUA L BUDGET BILL AN 3
APPROPRIAT ION OF $58,000,000 TO THE FUND. 4
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 5
IN THE SAME MANNER A S OTHER STATE FUNDS. 6
(2) ANY INVESTMENT EARNIN GS SHALL BE CREDITED TO THE FUND. 7
(3) NO PART OF THE FUND MAY REVERT OR BE CREDITED TO THE 8
GENERAL FUND OR ANY SPECIAL F UND OF THE STATE. 9
Article – State Finance and Procurement 10
6–226. 11
(a) (2) (i) Notwithstanding any other provision of law, and unless 12
inconsistent with a federal law, grant agreement, or other federal requirement or with the 13
terms of a gift or settlement agreement, net interest on all State money allocated by the 14
State Treasurer under this section to special funds or accounts, and otherwise entitled to 15
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 16
Fund of the State. 17
(ii) The provisions of subparagraph (i) of this paragraph do not apply 18
to the following funds: 19
170. the Cannabis Public Health Fund; [and] 20
171. the Community Reinvestment and Repair Fund; AND 21
172. THE BALTIMORE CITY INFRASTRUCTURE PROJECTS 22
FINANCING FUND. 23
SECTION 3. AND BE IT FURTHER ENACTED, That the Governor shall use 24
increased tax revenue and savings of general funds from federal reimbursement for 25
Medicaid to make the appropriation required under § 10–657.6(g) of the Economic 26
Development Article, as enacted by Section 2 of this Act. 27
SECTION 4. AND BE IT FURTHER ENACTED, That the Maryland Department of 28
Labor shall explore the investments that are needed to increase the capacity and reach of 29
apprenticeship programs run by skilled trade unions and other organizations to make the 30
needed investment under this Act. 31
HOUSE BILL 1128 11
SECTION 5. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2023. 2