EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0130*
SENATE BILL 130
C8 3lr0944
SB 685/22 – B&T (PRE–FILED)
By: Senator Ellis
Requested: November 18, 2022
Introduced and read first time: January 11, 2023
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Economic Development – Maryland Stadium Authority – Charles County Sports 2
and Wellness Center 3
FOR the purpose of authorizing the Maryland Stadium Authority to review certain matters 4
and make certain recommendations relating to the Charles County Sports and 5
Wellness Center; authorizing the Authority to acquire and finance by certain means 6
a Charles County Sports and Wellness Center site or an interest in the site; requiring 7
the Authority to secure a written agreement to transfer ownership of the Charles 8
County Sports and Wellness Center to Charles County as approved by the Board of 9
Public Works; establishing the Charles County Sports and Wellness Center Fund as 10
a continuing, nonlapsing fund; and generally relating to financing and construction 11
of the Charles County Sports and Wellness Center. 12
BY renumbering 13
Article – Economic Development 14
Section 10–601(p) through (iii) 15
to be Section 10–601(s) through (lll), respectively 16
Annotated Code of Maryland 17
(2018 Replacement Volume and 2022 Supplement) 18
BY repealing and reenacting, without amendments, 19
Article – Economic Development 20
Section 10–601(a) and (b), 10–620(a)(1), and 10–628(a) 21
Annotated Code of Maryland 22
(2018 Replacement Volume and 2022 Supplement) 23
BY adding to 24
Article – Economic Development 25
Section 10–601(p) through (r), 10–646.5, and 10–657.7 26
Annotated Code of Maryland 27 2 SENATE BILL 130
(2018 Replacement Volume and 2022 Supplement) 1
BY repealing and reenacting, with amendments, 2
Article – Economic Development 3
Section 10–601(v) 4
Annotated Code of Maryland 5
(2018 Replacement Volume and 2022 Supplement) 6
(As enacted by Section 1 of this Act) 7
BY repealing and reenacting, with amendments, 8
Article – Economic Development 9
Section 10–613(a)(14) and (b), 10–618, 10–620(d) and (e), 10–625(a), and 10–628(c) 10
Annotated Code of Maryland 11
(2018 Replacement Volume and 2022 Supplement) 12
BY repealing and reenacting, without amendments, 13
Article – State Finance and Procurement 14
Section 6–226(a)(2)(i) 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2022 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – State Finance and Procurement 19
Section 6–226(a)(2)(ii)170. and 171. 20
Annotated Code of Maryland 21
(2021 Replacement Volume and 2022 Supplement) 22
BY adding to 23
Article – State Finance and Procurement 24
Section 6–226(a)(2)(ii)172. 25
Annotated Code of Maryland 26
(2021 Replacement Volume and 2022 Supplement) 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That Section(s) 10–601(p) through (iii) of Article – Economic Development of the Annotated 29
Code of Maryland be renumbered to be Section(s) 10–601(s) through (lll), respectively. 30
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 31
as follows: 32
Article – Economic Development 33
10–601. 34
(a) In this subtitle the following words have the meanings indicated. 35
(b) “Authority” means the Maryland Stadium Authority. 36 SENATE BILL 130 3
(P) (1) “CHARLES COUNTY SPORTS AND WELLNESS CENTER” MEANS 1
THE EVENTS FACILITY LOCATED IN CHARLES COUNTY, MARYLAND, USED FOR 2
COMMUNITY EVENTS , RECREATIONAL EVENTS , AND OTHER RELATED AC TIVITIES. 3
(2) “CHARLES COUNTY SPORTS AND WELLNESS CENTER” 4
INCLUDES: 5
(I) FIELDS AND AMPHITHEATERS ; 6
(II) OFFICES; 7
(III) PARKING LOTS AND GAR AGES; 8
(IV) ACCESS ROADS ; 9
(V) FOOD SERVICE FACILIT IES; AND 10
(VI) OTHER FUNCTIONALLY R ELATED STRUCTURES AN D 11
IMPROVEMENTS . 12
(Q) “CHARLES COUNTY SPORTS AND WELLNESS CENTER FUND” MEANS 13
THE CHARLES COUNTY SPORTS AND WELLNESS CENTER FUND ESTABLISHED 14
UNDER § 10–657.7 OF THIS SUBTITLE. 15
(R) “CHARLES COUNTY SPORTS AND WELLNESS CENTER SITE” MEANS THE 16
SITE OF THE CHARLES COUNTY SPORTS AND WELLNESS CENTER IN CHARLES 17
COUNTY, MARYLAND. 18
(v) “Facility” means: 19
(1) a structure or other improvement developed at Camden Yards; 20
(2) a convention facility; 21
(3) the Hippodrome Performing Arts facility; 22
(4) a sports facility; 23
(5) a Baltimore City public school facility; 24
(6) a racing facility; 25
(7) a public school facility; 26
4 SENATE BILL 130
(8) the Hagerstown Multi–Use Sports and Events Facility; 1
(9) a sports entertainment facility; [or] 2
(10) a Prince George’s County Blue Line Corridor facility; OR 3
(11) THE CHARLES COUNTY SPORTS AND WELLNESS CENTER. 4
10–613. 5
(a) The Authority may: 6
(14) with respect to site acquisition, construction, and development of the 7
Hippodrome Performing Arts facility [and], the Hagerstown Multi–Use Sports and Events 8
Facility, AND THE CHARLES COUNTY SPORTS AND WELLNESS CENTER, establish and 9
participate in Authority affiliates; 10
(b) The Authority may review and make recommendations on proposed 11
convention center facilities, the Hippodrome Performing Arts facility, the Hagerstown 12
Multi–Use Sports and Events Facility, [and] a Prince George’s County Blue Line Corridor 13
facility, AND THE CHARLES COUNTY SPORTS AND WELLNESS CENTER, including the 14
expansion and enhancement of the Baltimore City Convention Center and the Ocean City 15
Convention Center and the development and construction of the Montgomery County 16
Conference Center, the Hippodrome Performing Arts Center, the Hagerstown 17
Multi–Use Sports and Events Facility, [and] a Prince George’s County Blue Line Corridor 18
facility, AND THE CHARLES COUNTY SPORTS AND WELLNESS CENTER, with respect 19
to location, purpose, design, function, capacity, parking, costs, funding mechanisms, and 20
revenue alternatives, with specific recommendations on: 21
(1) the level of support from the private sector; 22
(2) the type of support from the private sector; 23
(3) special taxing sources; 24
(4) projected revenues; 25
(5) bonding authority and the source of debt service; and 26
(6) the fiscal impact on the State of any revenue alternatives. 27
10–618. 28
(a) (1) Except as provided in paragraph (2) of this subsection, contracts to 29
acquire any facility site, to construct the facility, or for construction on the facility site 30
require the prior approval of the Board of Public Works. 31 SENATE BILL 130 5
(2) Contracts to construct a public school facility or for construction on a 1
public school site do not require the prior approval of the Board of Public Works. 2
(b) The Authority may: 3
(1) acquire by any of the means specified in § 10–620(a) of this subtitle: 4
(i) a site at Camden Yards for a facility; 5
(ii) a Baltimore Convention site or an interest in the site; 6
(iii) an Ocean City Convention site or an interest in the site; 7
(iv) a Montgomery County Conference site or an interest in the site; 8
(v) a Hippodrome Performing Arts site or an interest in the site; 9
(vi) a Hagerstown Multi–Use Sports and Events Facility site or an 10
interest in the site; 11
(vii) a sports entertainment facility site or an interest in the site; 12
[and] 13
(viii) a Prince George’s County Blue Line Corridor facility site or an 14
interest in the site; and 15
(IX) A CHARLES COUNTY SPORTS AND WELLNESS CENTER SITE 16
OR AN INTEREST IN TH E SITE; AND 17
(2) construct or enter into a contract to construct a facility on a site it 18
acquires under this subsection. 19
10–620. 20
(a) (1) Subject to annual appropriations and this subtitle, the Authority may 21
acquire in its own name, by gift, purchase, or condemnation, any property or interest in 22
property necessary or convenient to construct, improve, or operate a facility. 23
(d) (1) The exercise of authority under this subsection is subject to the prior 24
approval of the Board of Public Works. 25
(2) On request of the Authority, the State, a unit of the State, or a political 26
subdivision may lease, lend, grant, or otherwise convey to the Authority, property, 27
including property devoted to public use, as necessary or convenient for the purposes of this 28
subtitle. 29
6 SENATE BILL 130
(3) The State may lease or sublease a facility, or an interest in a facility, 1
from or to the Authority, whether or not constructed or usable. 2
(4) Lease payments to the Authority appropriated by the State shall be 3
transferred to: 4
(i) the Baltimore Convention Fund if appropriated for a Baltimore 5
Convention facility; 6
(ii) the Camden Yards Fund if appropriated for a sports facility or 7
other facility at Camden Yards; 8
(iii) the Hippodrome Performing Arts Fund if appropriated for a 9
Hippodrome Performing Arts facility; 10
(iv) the Montgomery County Conference Fund if appropriated for a 11
Montgomery County Conference facility; 12
(v) the Ocean City Convention Fund if appropriated for an Ocean 13
City Convention facility; 14
(vi) the Hagerstown Multi–Use Sports and Events Facility Fund if 15
appropriated for a Hagerstown Multi–Use Sports and Events Facility; 16
(vii) the Sports Entertainment Facilities Financing Fund if 17
appropriated for a sports entertainment facility; [or] 18
(viii) the Prince George’s County Blue Line Corridor Facility Fund if 19
appropriated for a Prince George’s County Blue Line Corridor facility; OR 20
(IX) THE CHARLES COUNTY SPORTS AND WELLNESS CENTER 21
FUND IF APPROPRIATED FOR THE CHARLES COUNTY SPORTS AND WELLNESS 22
CENTER. 23
(e) (1) This subsection does not apply to the Camden Yards site, Baltimore 24
Convention site, Ocean City Convention site, Hippodrome Performing Arts site, any 25
Baltimore City public school site, any racing facility, the Hagerstown Multi–Use Sports and 26
Events Facility site, any supplemental facility site, any public school site, a sports 27
entertainment facility, [or] a Prince George’s County Blue Line Corridor facility site, OR 28
THE CHARLES COUNTY SPORTS AND WELLNESS CENTER. 29
(2) The Authority and any Authority affiliate are subject to applicable 30
planning, zoning, and development regulations to the same extent as a private commercial 31
or industrial enterprise. 32
10–625. 33 SENATE BILL 130 7
(a) Except as provided in subsection (b) of this section, the Authority shall submit: 1
(1) an annual detailed report of the activities and financial status of the 2
Authority to the Governor, and, in accordance with § 2–1257 of the State Government 3
Article, the General Assembly; and 4
(2) annual reports on the additional tax revenues generated by each of the 5
following facilities: 6
(i) the Baltimore Convention facility; 7
(ii) the Hippodrome Performing Arts facility; 8
(iii) the Montgomery County Conference facility; 9
(iv) the Ocean City Convention facility; 10
(v) the Hagerstown Multi–Use Sports and Events Facility; 11
(vi) a sports entertainment facility; [and] 12
(vii) a Prince George’s County Blue Line Corridor facility site; AND 13
(VIII) THE CHARLES COUNTY SPORTS AND WELLNESS CENTER. 14
10–628. 15
(a) Except as provided in subsections (b) and (c) of this section and subject to the 16
prior approval of the Board of Public Works, the Authority may issue bonds at any time for 17
any corporate purpose of the Authority, including the establishment of reserves and the 18
payment of interest. 19
(c) (1) Unless authorized by the General Assembly, the Board of Public Works 20
may not approve an issuance by the Authority of bonds, whether taxable or tax exempt, 21
that constitute tax supported debt or nontax supported debt if, after issuance, there would 22
be outstanding and unpaid more than the following face amounts of the bonds for the 23
purpose of financing acquisition, construction, renovation, and related expenses for 24
construction management, professional fees, and contingencies in connection with: 25
(i) the Baltimore Convention facility – $55,000,000; 26
(ii) the Hippodrome Performing Arts facility – $20,250,000; 27
(iii) the Montgomery County Conference facility – $23,185,000; 28
(iv) the Ocean City Convention facility – $24,500,000; 29 8 SENATE BILL 130
(v) Baltimore City public school facilities – $1,100,000,000; 1
(vi) supplemental facilities – $25,000,000; 2
(vii) racing facilities – $375,000,000; 3
(viii) public school facilities in the State – $2,200,000,000; 4
(ix) the Hagerstown Multi –Use Sports and Events 5
Facility – $59,500,000; 6
(x) sports entertainment facilities – $200,000,000; [and] 7
(xi) Prince George’s County Blue Line Corridor 8
facilities – $400,000,000; AND 9
(XII) CHARLES COUNTY SPORTS AND WELLNESS CENTER 10
FACILITIES – $45,000,000. 11
(2) (i) The limitation under paragraph (1)(i) of this subsection applies 12
to the aggregate principal amount of bonds outstanding as of June 30 of any year. 13
(ii) Refunded bonds may not be included in the determination of an 14
outstanding aggregate amount under this paragraph. 15
10–646.5. 16
(A) EXCEPT AS AUTHORIZED BY § 10–639 OF THIS SUBTITLE , TO FINANCE 17
SITE ACQUISITION , DESIGN, AND CONSTRUCTION OF ANY SEGMENT OF THE 18
CHARLES COUNTY SPORTS AND WELLNESS CENTER, THE AUTHORITY SHALL 19
COMPLY WITH THIS SEC TION. 20
(B) AT LEAST 45 DAYS BEFORE SEEKING APPROVAL OF THE BOARD OF 21
PUBLIC WORKS FOR EACH BOND I SSUE OR OTHER BORROWING , THE AUTHORITY 22
SHALL PROVIDE TO THE FISCAL COMMITTEES OF THE GENERAL ASSEMBLY, IN 23
ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, A 24
COMPREHENSIVE FINANC ING PLAN FOR THE REL EVANT SEGMENT OF THE FACILITY. 25
(C) THE AUTHORITY SHALL O BTAIN THE APPROVAL O F THE BOARD OF 26
PUBLIC WORKS OF THE PROPOSED BOND ISSUE AND THE F INANCING PLAN . 27
(D) THE AUTHORITY MAY NOT ISS UE BONDS TO FINANCE THE CHARLES 28
COUNTY SPORTS AND WELLNESS CENTER UNTIL THE AUTHORITY AND CHARLES 29
COUNTY SECURE A WRITTEN OPE RATING AGREEMENT . 30 SENATE BILL 130 9
(E) THE AUTHORITY SHALL SECUR E A WRITTEN AGREEMEN T TO TRANSFER 1
OWNERSHIP OF THE CHARLES COUNTY SPORTS AND WELLNESS CENTER FROM THE 2
AUTHORITY TO CHARLES COUNTY, AS APPROVED BY THE BOARD OF PUBLIC 3
WORKS: 4
(1) IN WHICH CHARLES COUNTY AGREES TO: 5
(I) OWN, MARKET, PROMOTE, AND OPERATE OR CONTR ACT FOR 6
THE MARKETING , PROMOTION , AND OPERATION OF THE CHARLES COUNTY SPORTS 7
AND WELLNESS CENTER IN A MANNER THAT MAX IMIZES THE CHARLES COUNTY 8
SPORTS AND WELLNESS CENTER’S ECONOMIC RETURN ; 9
(II) MAINTAIN AND REPAIR O R CONTRACT FOR THE 10
MAINTENANCE AND REPA IR OF THE CHARLES COUNTY SPORTS AND WELLNESS 11
CENTER SO AS TO KEEP THE CHARLES COUNTY SPORTS AND WELLNESS CENTER IN 12
FIRST–CLASS OPERATING COND ITION; AND 13
(III) BE SOLELY RESPONSIBL E FOR ALL EXPENDITURES 14
RELATING TO THE OPER ATION, MAINTENANCE , AND REPAIR OF THE CHARLES 15
COUNTY SPORTS AND WELLNESS CENTER THAT MAY BE IN CURRED, INCLUDING 16
THE AMOUNT BY WHICH EXPENDITURES EXCEED REVENUES; AND 17
(2) THAT: 18
(I) PROTECTS THE INVESTMENTS OF T HE AUTHORITY AND 19
CHARLES COUNTY IN THE CHARLES COUNTY SPORTS AND WELLNESS CENTER; 20
(II) REQUIRES CHARLES COUNTY TO CONTRIBUTE TO A 21
CAPITAL IMPROVEMENT RESERVE FUND AN AMOU NT SUFFICIENT TO KEE P THE 22
CHARLES COUNTY SPORTS AND WELLNESS CENTER IN FIRST–CLASS OPERAT ING 23
CONDITION; 24
(III) REQUIRES CHARLES COUNTY TO BE SOLELY RESPONS IBLE 25
FOR ALL EXPENDITURES RELATING TO THE OPER ATION OF THE CHARLES COUNTY 26
SPORTS AND WELLNESS CENTER THAT MAY BE INCURRED , INCLUDING OPERATING 27
DEFICITS; AND 28
(IV) ALLOWS CHARLES COUNTY TO KEEP ALL OPERATIN G 29
PROFITS RESULTING FR OM THE OPERATION OF THE CHARLES COUNTY SPORTS AND 30
WELLNESS CENTER EACH YEAR. 31
(F) ON OR BEFORE DECEMBER 31 EACH YEAR, CHARLES COUNTY SHALL 32 10 SENATE BILL 130
REPORT TO THE SENATE BUDGET AND TAXATION COMMITTEE AND THE HOUSE 1
APPROPRIATIONS COMMITTEE, IN ACCORDANCE WITH § 2–1257 OF THE STATE 2
GOVERNMENT ARTICLE, ON CHARLES COUNTY’S ASSESSMENT OF THE 3
MAINTENANCE AND REPA IR NEEDED TO KEEP THE CHARLES COUNTY SPORTS AND 4
WELLNESS CENTER IN OPERATING ORDER . 5
10–657.7. 6
(A) IN THIS SECTION, “FUND” MEANS THE CHARLES COUNTY SPORTS AND 7
WELLNESS CENTER FUND. 8
(B) THERE IS A CHARLES COUNTY SPORTS AND WELLNESS CENTER FUND. 9
(C) THE PURPOSE OF THE FUND IS TO ENABLE THE AUTHORITY TO: 10
(1) USE THE FUND AS A REVOLVING F UND FOR IMPLEMENTING THIS 11
SUBTITLE AS IT RELAT ES TO THE CHARLES COUNTY SPORTS AND WELLNESS 12
CENTER; AND 13
(2) PAY ANY EXPENSES INC URRED BY THE AUTHORITY THAT ARE 14
RELATED TO THE CHARLES COUNTY SPORTS AND WELLNESS CENTER. 15
(D) THE AUTHORITY SHALL ADMIN ISTER THE FUND. 16
(E) (1) THE FUND IS A CONTINUING , NONLAPSING FUND THAT IS NOT 17
SUBJECT TO REVERSION UNDER § 7–302 OF THE STATE FINANCE AND 18
PROCUREMENT ARTICLE. 19
(2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY, 20
AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 21
(F) (1) TO THE EXTENT CONSIDE RED APPROPRIATE BY T HE AUTHORITY, 22
THE RECEIPTS OF THE FUND SHALL BE PLEDGED TO AND CHARGED WITH THE 23
FOLLOWING RELATING T O THE CHARLES COUNTY SPORTS AND WELLNESS 24
CENTER: 25
(I) PAYMENT OF DEBT SERV ICE ON AUTHORITY BONDS ; 26
(II) ALL REASONABLE CHARG ES AND EXPENSES RELA TED TO 27
THE AUTHORITY’S BORROWING ; AND 28
(III) THE MANAGEMENT OF AUTHORITY OBLIGATIONS . 29
SENATE BILL 130 11
(2) THE PLEDGE SHALL BE E FFECTIVE AS PROVIDED IN § 10–634 OF 1
THIS SUBTITLE. 2
(G) THE FUND CONSISTS OF : 3
(1) MONEY APPROPRIATED F OR DEPOSIT IN THE FUND; 4
(2) REVENUES COLLECTED O R RECEIVED FROM ANY SOURCE UNDER 5
THIS SUBTITLE CONCER NING THE CHARLES COUNTY SPORTS AND WELLNESS 6
CENTER; AND 7
(3) ANY ADDITIONA L MONEY MADE AVAILAB LE FROM ANY PUBLIC O R 8
PRIVATE SOURCE FOR T HE PURPOSES ESTABLIS HED FOR THE FUND. 9
(H) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10
IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11
(2) ANY INTEREST EARNINGS OF THE FUND SHALL BE PAID IN TO THE 12
FUND. 13
Article – State Finance and Procurement 14
6–226. 15
(a) (2) (i) Notwithstanding any other provision of law, and unless 16
inconsistent with a federal law, grant agreement, or other federal requirement or with the 17
terms of a gift or settlement agreement, net interest on all State money allocated by the 18
State Treasurer under this section to special funds or accounts, and otherwise entitled to 19
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 20
Fund of the State. 21
(ii) The provisions of subparagraph (i) of this paragraph do not apply 22
to the following funds: 23
170. The Cannabis Public Health Fund; [and] 24
171. the Community Reinvestment and Repair Fund; AND 25
172. THE CHARLES COUNTY SPORTS AND WELLNESS 26
CENTER FUND. 27
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 28
October 1, 2023. 29