| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | 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 | 5 | *sb0151* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 151 | |
| 11 | 8 | C8, R2 3lr0585 | |
| 12 | 9 | SB 516/22 – B&T CF HB 12 | |
| 13 | 10 | By: Senator Augustine | |
| 14 | 11 | Introduced and read first time: January 16, 2023 | |
| 15 | 12 | Assigned to: Budget and Taxation | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 23, 2023 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Equitable and Inclusive Transit–Oriented Development Enhancement Act 2 | |
| 25 | 19 | ||
| 26 | - | FOR the purpose of repealing the authority of the Secretary of Transportation to designate 3 | |
| 27 | - | a transit–oriented development; establishing the Transit–Oriented Development 4 | |
| 28 | - | Capital Grant and Revolving Loan Fund as a special, nonlapsing fund; requiring 5 | |
| 29 | - | interest earnings of the Fund to be credited to the Fund; authorizing the Department 6 | |
| 30 | - | of Transportation to use the Fund to provide financial assistance to local jurisdictions 7 | |
| 31 | - | to be used for certain purposes within a transit–oriented development; and generally 8 | |
| 32 | - | relating to transit–oriented development in the State. 9 | |
| 20 | + | FOR the purpose of establishing the Transit–Oriented Development Capital Grant and 3 | |
| 21 | + | Revolving Loan Fund as a special, nonlapsing fund; requiring interest earnings of 4 | |
| 22 | + | the Fund to be credited to the Fund; authorizing the Department of Transportation 5 | |
| 23 | + | to use the Fund to provide financial assistance to local jurisdictions to be used for 6 | |
| 24 | + | certain purposes within a transit–oriented development; and generally relating to 7 | |
| 25 | + | transit–oriented development in the State. 8 | |
| 33 | 26 | ||
| 34 | - | BY repealing and reenacting, without amendments, | |
| 35 | - | Article – Transportation | |
| 36 | - | Section 7–101(a), (l), (m), and (o) | |
| 37 | - | Annotated Code of Maryland | |
| 38 | - | (2020 Replacement Volume and 2022 Supplement) | |
| 27 | + | BY repealing and reenacting, without amendments, 9 | |
| 28 | + | Article – Transportation 10 | |
| 29 | + | Section 7–101(a), (l), (m), and (o) 11 | |
| 30 | + | Annotated Code of Maryland 12 | |
| 31 | + | (2020 Replacement Volume and 2022 Supplement) 13 | |
| 39 | 32 | ||
| 40 | - | BY repealing and reenacting, with amendments, | |
| 41 | - | Article – Transportation | |
| 42 | - | Section 7–102(a) | |
| 43 | - | Annotated Code of Maryland | |
| 44 | - | (2020 Replacement Volume and 2022 Supplement) | |
| 33 | + | BY repealing and reenacting, with amendments, 14 | |
| 34 | + | Article – Transportation 15 | |
| 35 | + | Section 7–102(a) 16 | |
| 36 | + | Annotated Code of Maryland 17 | |
| 37 | + | (2020 Replacement Volume and 2022 Supplement) 18 | |
| 45 | 38 | ||
| 46 | - | BY adding to 20 | |
| 47 | - | Article – Transportation 21 2 SENATE BILL 151 | |
| 39 | + | BY adding to 19 | |
| 40 | + | Article – Transportation 20 | |
| 41 | + | Section 7–103; and 7–1201 through 7–1205 to be under the new subtitle “Subtitle 12. 21 | |
| 42 | + | Transit–Oriented Development Capital Grant and Revolving Loan Fund” 22 | |
| 43 | + | Annotated Code of Maryland 23 | |
| 44 | + | (2020 Replacement Volume and 2022 Supplement) 24 | |
| 45 | + | ||
| 46 | + | BY repealing and reenacting, without amendments, 25 | |
| 47 | + | Article – State Finance and Procurement 26 | |
| 48 | + | Section 6–226(a)(2)(i) and 10–306(a) 27 2 SENATE BILL 151 | |
| 48 | 49 | ||
| 49 | 50 | ||
| 50 | - | Section 7–101(l) and 7–103; and 7–1201 through 7–1205 to be under the new subtitle 1 | |
| 51 | - | “Subtitle 12. Transit–Oriented Development Capital Grant and Revolving 2 | |
| 52 | - | Loan Fund” 3 | |
| 53 | - | Annotated Code of Maryland 4 | |
| 54 | - | (2020 Replacement Volume and 2022 Supplement) 5 | |
| 51 | + | Annotated Code of Maryland 1 | |
| 52 | + | (2021 Replacement Volume and 2022 Supplement) 2 | |
| 55 | 53 | ||
| 56 | - | BY repealing and reenacting, with amendments, | |
| 57 | - | Article – | |
| 58 | - | ||
| 59 | - | Annotated Code of Maryland | |
| 60 | - | ( | |
| 54 | + | BY repealing and reenacting, with amendments, 3 | |
| 55 | + | Article – State Finance and Procurement 4 | |
| 56 | + | Section 6–226(a)(2)(ii)170. and 171. and 10–306(c) 5 | |
| 57 | + | Annotated Code of Maryland 6 | |
| 58 | + | (2021 Replacement Volume and 2022 Supplement) 7 | |
| 61 | 59 | ||
| 62 | - | BY | |
| 63 | - | Article – State Finance and Procurement | |
| 64 | - | Section 6–226(a)(2)( | |
| 65 | - | Annotated Code of Maryland | |
| 66 | - | (2021 Replacement Volume and 2022 Supplement) | |
| 60 | + | BY adding to 8 | |
| 61 | + | Article – State Finance and Procurement 9 | |
| 62 | + | Section 6–226(a)(2)(ii)172. 10 | |
| 63 | + | Annotated Code of Maryland 11 | |
| 64 | + | (2021 Replacement Volume and 2022 Supplement) 12 | |
| 67 | 65 | ||
| 68 | - | BY repealing and reenacting, with amendments, 16 | |
| 69 | - | Article – State Finance and Procurement 17 | |
| 70 | - | Section 6–226(a)(2)(ii)170. and 171. and 10–306(c) 18 | |
| 71 | - | Annotated Code of Maryland 19 | |
| 72 | - | (2021 Replacement Volume and 2022 Supplement) 20 | |
| 66 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 | |
| 67 | + | That the Laws of Maryland read as follows: 14 | |
| 73 | 68 | ||
| 74 | - | BY adding to 21 | |
| 75 | - | Article – State Finance and Procurement 22 | |
| 76 | - | Section 6–226(a)(2)(ii)172. 23 | |
| 77 | - | Annotated Code of Maryland 24 | |
| 78 | - | (2021 Replacement Volume and 2022 Supplement) 25 | |
| 69 | + | Article – Transportation 15 | |
| 79 | 70 | ||
| 80 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 26 | |
| 81 | - | That the Laws of Maryland read as follows: 27 | |
| 71 | + | 7–101. 16 | |
| 82 | 72 | ||
| 83 | - | ||
| 73 | + | (a) In this title the following words have the meanings indicated. 17 | |
| 84 | 74 | ||
| 85 | - | 7–101. 29 | |
| 75 | + | (l) “Transit facility” includes any one or more or combination of tracks, 18 | |
| 76 | + | rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking 19 | |
| 77 | + | areas, equipment, fixtures, buildings, structures, other real or personal property, and 20 | |
| 78 | + | services incidental to or useful or designed for use in connection with the rendering of 21 | |
| 79 | + | transit service by any means, including rail, bus, motor vehicle, or other mode of 22 | |
| 80 | + | transportation, but does not include any railroad facility. 23 | |
| 86 | 81 | ||
| 87 | - | (a) In this title the following words have the meanings indicated. 30 | |
| 82 | + | (m) “Transit–oriented development” means a mix of private or public parking 24 | |
| 83 | + | facilities, commercial and residential structures, and uses, improvements, and facilities 25 | |
| 84 | + | customarily appurtenant to such facilities and uses, that: 26 | |
| 88 | 85 | ||
| 89 | - | (L) (1) “TRANSIT CORRIDOR ” MEANS A GEOGRAPHICAL LY BOUND SET OF 31 | |
| 90 | - | TWO OR MORE CON TIGUOUS SUBWAY , LIGHT RAIL, BUS RAPID TRANSIT , OR BUS 32 | |
| 91 | - | TRANSIT STATIONS . 33 | |
| 86 | + | (1) Is part of a deliberate development plan or strategy involving: 27 | |
| 92 | 87 | ||
| 93 | - | (2) “TRANSIT CORRIDOR ” INCLUDES A GEOGRAPHI CALLY BOUND SET 34 | |
| 94 | - | OF TWO OR MORE CONTI GUOUS BUS TRANSIT ST ATIONS THAT HAVE FIX ED–ROUTE 35 | |
| 95 | - | BUS SERVICE THAT OPE RATES ON A ROADWAY D EDICATED TO B USES. 36 SENATE BILL 151 3 | |
| 88 | + | (i) Property that is adjacent to the passenger boarding and alighting 28 | |
| 89 | + | location of a planned or existing transit station; or 29 | |
| 90 | + | ||
| 91 | + | (ii) Property, any part of which is located within one–half mile of the 30 | |
| 92 | + | passenger boarding and alighting location of a planned or existing transit station; 31 | |
| 93 | + | ||
| 94 | + | (2) Is planned to maximize the use of transit, walking, and bicycling by 32 | |
| 95 | + | residents and employees; and 33 | |
| 96 | + | ||
| 97 | + | (3) Is designated as a transit–oriented development by: 34 SENATE BILL 151 3 | |
| 96 | 98 | ||
| 97 | 99 | ||
| 98 | 100 | ||
| 99 | - | (l) (M) “Transit facility” includes any one or more or combination of tracks, 1 | |
| 100 | - | rights–of–way, bridges, tunnels, subways, rolling stock, stations, terminals, ports, parking 2 | |
| 101 | - | areas, equipment, fixtures, buildings, structures, other real or personal property, and 3 | |
| 102 | - | services incidental to or useful or designed for use in connection with the rendering of 4 | |
| 103 | - | transit service by any means, including rail, bus, motor vehicle, or other mode of 5 | |
| 104 | - | transportation, but does not include any railroad facility. 6 | |
| 101 | + | (i) The Secretary, after considering a recommendation of the Smart 1 | |
| 102 | + | Growth Subcabinet established under § 9–1406 of the State Government Article; and 2 | |
| 105 | 103 | ||
| 106 | - | (m) (N) “Transit–oriented development” means a mix of private or public 7 | |
| 107 | - | parking facilities, commercial and residential structures, and uses, improvements, and 8 | |
| 108 | - | facilities customarily appurtenant to such facilities and uses, that: 9 | |
| 104 | + | (ii) The local government or multicounty agency with land use and 3 | |
| 105 | + | planning responsibility for the relevant area. 4 | |
| 109 | 106 | ||
| 110 | - | (1) Is part of a deliberate development plan or strategy involving: 10 | |
| 107 | + | (o) (1) “Transit station” means any facility, the primary function of which 5 | |
| 108 | + | relates to the boarding and alighting of passengers from transit vehicles. 6 | |
| 111 | 109 | ||
| 112 | - | (i) Property that is adjacent to the passenger boarding and alighting 11 | |
| 113 | - | location of a planned or existing transit station; or 12 | |
| 110 | + | (2) “Transit station” includes platforms, shelters, passenger waiting 7 | |
| 111 | + | facilities, parking areas, access roadways, and other real property used to facilitate 8 | |
| 112 | + | passenger access to transit service or railroad service. 9 | |
| 114 | 113 | ||
| 115 | - | (ii) Property, any part of which is located within one–half mile of the 13 | |
| 116 | - | passenger boarding and alighting location of a planned or existing transit station; OR 14 | |
| 114 | + | 7–102. 10 | |
| 117 | 115 | ||
| 118 | - | (III) PROPERTY THAT IS ADJA CENT TO A PLANNED OR EXISTING 15 | |
| 119 | - | TRANSIT CORRIDOR ; 16 | |
| 116 | + | (a) (1) (I) The development of improved and expanded railroad facilities, 11 | |
| 117 | + | railroad services, transit facilities, and transit services operating as a unified and 12 | |
| 118 | + | coordinated regional transportation system, and the realization of transit–oriented 13 | |
| 119 | + | development throughout the State, represent transportation purposes that are essential for 14 | |
| 120 | + | the satisfactory movement of people and goods, the alleviation of present and future traffic 15 | |
| 121 | + | congestion, the economic welfare and vitality, and the development of the metropolitan area 16 | |
| 122 | + | of Baltimore and other political subdivisions of the State. 17 | |
| 120 | 123 | ||
| 121 | - | (2) Is planned to maximize the use of transit, walking, and bicycling by 17 | |
| 122 | - | residents and employees; and 18 | |
| 124 | + | (II) IN ORDER TO REALIZE T RANSIT–ORIENTED DEVELOPMENT 18 | |
| 125 | + | AS A TRANSPORTATION PURPOSE, IT IS THE INTENT OF THE GENERAL ASSEMBLY 19 | |
| 126 | + | THAT THE DEPARTMENT MAKE ALL R EASONABLE ATTEMPTS T O INCLUDE 20 | |
| 127 | + | TRANSIT–ORIENTED DEVELOPMENT AS PART OF THE PREFE RRED PLAN FOR 21 | |
| 128 | + | DEVELOPMENT IN AREAS SERVED BY TRANSIT SE RVICES BY PROVIDING 22 | |
| 129 | + | PREFERENCE TO PROPOS ALS THAT FURTHER THI S PURPOSE WHEN : 23 | |
| 123 | 130 | ||
| 124 | - | | |
| 131 | + | 1. DISTRIBUTING FUNDS FROM : 24 | |
| 125 | 132 | ||
| 126 | - | ||
| 127 | - | ||
| 133 | + | A. STATE PROGRAMS OFFERI NG GRANTS AND LOANS 25 | |
| 134 | + | FOR DEVELOPMENT AND INFRASTRUCTURE INVES TMENT; 26 | |
| 128 | 135 | ||
| 129 | - | | |
| 130 | - | ||
| 136 | + | B. FEDERAL COMMUNITY DEV ELOPMENT BLOCK 27 | |
| 137 | + | GRANTS; AND 28 | |
| 131 | 138 | ||
| 132 | - | [(n)] (O) (1) “Transit service” means the transportation of persons and their 24 | |
| 133 | - | packages and baggage and of newspapers, express, and mail in regular route, special, or 25 | |
| 134 | - | charter service by means of transit facilities between points within the District. 26 | |
| 139 | + | C. THE PROCEEDS OF GENER AL OBLIGATION BOND A ND 29 | |
| 140 | + | GRANT ANTICIPATION R EVENUE VEHICLE ISSUANCES; AND 30 | |
| 135 | 141 | ||
| 136 | - | | |
| 142 | + | 2. AWARDING STATE TAX CREDITS . 31 | |
| 137 | 143 | ||
| 138 | - | ( | |
| 144 | + | (2) The establishment of the realization of transit–oriented development as 32 4 SENATE BILL 151 | |
| 139 | 145 | ||
| 140 | - | (ii) Railroad service. 29 | |
| 141 | 146 | ||
| 142 | - | (o) (P) (1) “Transit station” means any facility, the primary function of 30 | |
| 143 | - | which relates to the boarding and alighting of passengers from transit vehicles. 31 4 SENATE BILL 151 | |
| 147 | + | a transportation purpose under paragraph (1) of this subsection may not be construed to: 1 | |
| 148 | + | ||
| 149 | + | (i) Limit the authority of local governments to govern land use as 2 | |
| 150 | + | established under any other law; or 3 | |
| 151 | + | ||
| 152 | + | (ii) Grant the State or a department of the State additional authority 4 | |
| 153 | + | to supersede local land use and planning authority. 5 | |
| 154 | + | ||
| 155 | + | 7–103. 6 | |
| 156 | + | ||
| 157 | + | (A) ON OR BEFORE NOVEMBER 30, 2024, AND ON OR BEF ORE NOVEMBER 7 | |
| 158 | + | 30 EACH YEAR THEREAFTER , THE SECRETARY SHALL SUBMI T A REPORT TO THE 8 | |
| 159 | + | GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE STATE GOVERNMENT 9 | |
| 160 | + | ARTICLE ON EFFORTS TO INCREASE TRANSIT –ORIENTED DEVELOPMENT 10 | |
| 161 | + | THROUGHOUT THE STATE. 11 | |
| 162 | + | ||
| 163 | + | (B) THE REPORT SHALL INCLUDE AN ANALYSIS OF THE FOLLOWING ISS UES 12 | |
| 164 | + | FOR EACH TRANSIT –ORIENTED DEVELOPMENT IN THE STATE: 13 | |
| 165 | + | ||
| 166 | + | (1) THE DEMOGRAPHIC AND S OCIOECONOMIC INDICAT ORS PRESENT 14 | |
| 167 | + | IN THE TRANSIT–ORIENTED DEVELOPMENT AND THE SURROUNDING AREAS; 15 | |
| 168 | + | ||
| 169 | + | (2) DEVELOPMENT ACTIVITY OCCURRIN G IN THE 16 | |
| 170 | + | TRANSIT–ORIENTED DEVELOPMENT DURING THE PERIOD TH AT THE REPORT 17 | |
| 171 | + | COVERS; AND 18 | |
| 172 | + | ||
| 173 | + | (3) TRANSIT STATION UTILI ZATION RATES FOR THE 19 | |
| 174 | + | TRANSIT–ORIENTED DEVELOPMENT . 20 | |
| 175 | + | ||
| 176 | + | (C) THE DEPARTMENT SHALL CONS IDER THE FINDINGS OF THE REPORT 21 | |
| 177 | + | REQUIRED UNDER THIS SECTION FOR PURPOSES OF UPDA TING THE SCORING 22 | |
| 178 | + | STANDARDS FOR APPLIC ATIONS FOR FINANCIAL ASSISTANCE FROM THE 23 | |
| 179 | + | TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT AND REVOLVING LOAN 24 | |
| 180 | + | FUND ESTABLISHED UNDE R SUBTITLE 12 OF THIS TITLE. 25 | |
| 181 | + | ||
| 182 | + | SUBTITLE 12. TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT AND 26 | |
| 183 | + | REVOLVING LOAN FUND. 27 | |
| 184 | + | ||
| 185 | + | 7–1201. 28 | |
| 186 | + | ||
| 187 | + | (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 29 | |
| 188 | + | INDICATED. 30 | |
| 189 | + | ||
| 190 | + | (B) “FINANCIAL ASSISTANCE ” MEANS A GRANT OR LOA N FROM THE FUND. 31 SENATE BILL 151 5 | |
| 144 | 191 | ||
| 145 | 192 | ||
| 146 | 193 | ||
| 147 | - | (2) “Transit station” includes platforms, shelters, passenger waiting 1 | |
| 148 | - | facilities, parking areas, access roadways, and other real property used to facilitate 2 | |
| 149 | - | passenger access to transit service or railroad service. 3 | |
| 194 | + | (C) “FUND” MEANS THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL 1 | |
| 195 | + | GRANT AND REVOLVING LOAN FUND. 2 | |
| 150 | 196 | ||
| 151 | - | [(p)] (Q) “Transit vehicle” means a mobile device used in rendering transit 4 | |
| 152 | - | service. 5 | |
| 197 | + | (D) “GAP FUNDING” MEANS FUNDING PROVID ED TO COMPENSATE FOR A 3 | |
| 198 | + | SHORTFALL BETWEEN TH E EXPECTED DEVELOPME NT COSTS OF A PROJEC T AND 4 | |
| 199 | + | THE AVAILABLE FUNDS FOR THE PROJECT . 5 | |
| 153 | 200 | ||
| 154 | - | 7–102. 6 | |
| 201 | + | (E) “LOCAL JURISDICTION ” MEANS A COUNTY OR A MUNICIPAL 6 | |
| 202 | + | CORPORATION . 7 | |
| 155 | 203 | ||
| 156 | - | (a) (1) (I) The development of improved and expanded railroad facilities, 7 | |
| 157 | - | railroad services, transit facilities, and transit services operating as a unified and 8 | |
| 158 | - | coordinated regional transportation system, and the realization of transit–oriented 9 | |
| 159 | - | development throughout the State, represent transportation purposes that are essential for 10 | |
| 160 | - | the satisfactory movement of people and goods, the alleviation of present and future traffic 11 | |
| 161 | - | congestion, the economic welfare and vitality, and the development of the metropolitan area 12 | |
| 162 | - | of Baltimore and other political subdivisions of the State. 13 | |
| 204 | + | (F) “MUNICIPAL CORPORATION ” MEANS A MUNICIPALITY AS DEFINED IN § 8 | |
| 205 | + | 1–101 OF THE LOCAL GOVERNMENT ARTICLE. 9 | |
| 163 | 206 | ||
| 164 | - | (II) IN ORDER TO REALIZE T RANSIT–ORIENTED DEVELOPMENT 14 | |
| 165 | - | AS A TRANSPORTATION PURPOSE, IT IS THE INTENT OF THE GENERAL ASSEMBLY 15 | |
| 166 | - | THAT THE DEPARTMENT MAKE ALL R EASONABLE ATTEMPTS TO INCLUDE 16 | |
| 167 | - | TRANSIT–ORIENTED DEVELOPMENT AS PART OF THE PREFE RRED PLAN FOR 17 | |
| 168 | - | DEVELOPMENT IN AREAS SERVED BY TRANSIT SE RVICES BY PROVIDING 18 | |
| 169 | - | PREFERENCE TO PROPOS ALS THAT FURTHER THI S PURPOSE WHEN : 19 | |
| 207 | + | 7–1202. 10 | |
| 170 | 208 | ||
| 171 | - | 1. DISTRIBUTING FUNDS FR OM: 20 | |
| 209 | + | (A) THERE IS A TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT AND 11 | |
| 210 | + | REVOLVING LOAN FUND. 12 | |
| 172 | 211 | ||
| 173 | - | A. STATE PROGRAMS OFFERING GR ANTS AND LOANS 21 | |
| 174 | - | FOR DEVELOPMENT AND INFRASTRUCTURE INVES TMENT, INCLUDING THE 22 | |
| 175 | - | COMPLETE STREETS PROGRAM ESTABLISHED U NDER TITLE 8, SUBTITLE 9 OF THIS 23 | |
| 176 | - | ARTICLE; 24 | |
| 212 | + | (B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 13 | |
| 213 | + | § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 14 | |
| 177 | 214 | ||
| 178 | - | B. FEDERAL COMMUNITY DEV ELOPMENT BLOCK 25 | |
| 179 | - | GRANTS ELIGIBLE FEDERAL FUND ING; AND 26 | |
| 215 | + | 7–1203. 15 | |
| 180 | 216 | ||
| 181 | - | C. THE PROCEEDS OF GENER AL OBLIGATION BOND A ND 27 | |
| 182 | - | GRANT ANTICIPATION R EVENUE VEHICLE ISSUA NCES; AND 28 | |
| 217 | + | (A) THE PURPOSE OF THE FUND IS TO PROMOTE TH E EQUITABLE AND 16 | |
| 218 | + | INCLUSIVE DEVELOPMEN T OF TRANSIT–ORIENTED DEVELOPMENT S THROUGHOUT 17 | |
| 219 | + | THE STATE. 18 | |
| 183 | 220 | ||
| 184 | - | 2. AWARDING STATE TAX CREDITS . 29 | |
| 221 | + | (B) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 19 | |
| 222 | + | COMPTROLLER SHALL ACC OUNT FOR THE FUND. 20 | |
| 185 | 223 | ||
| 186 | - | (III) 1. EXCEPT AS PROVIDED IN SUBSUBPARAGRAPH 3 OF 30 | |
| 187 | - | THIS SUBPARAGRAPH , AN AREA DESIGNATED A S TRANSIT –ORIENTED 31 | |
| 188 | - | DEVELOPMENT AFTER JULY 1, 2023, SHALL RETAIN THAT DE SIGNATION FOR A 32 | |
| 189 | - | PERIOD OF 10 YEARS. 33 | |
| 190 | - | SENATE BILL 151 5 | |
| 224 | + | (C) (1) THE FUND CONSISTS OF : 21 | |
| 225 | + | ||
| 226 | + | (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 22 | |
| 227 | + | FUND; 23 | |
| 228 | + | ||
| 229 | + | (II) MONEY MADE AVAILABLE FOR QUALIFYING USES BY THE 24 | |
| 230 | + | FUND FROM OTHER GOVER NMENTAL SOURCES , INCLUDING COMMUNITY 25 | |
| 231 | + | DEVELOPMENT BLOCK GR ANTS AND THE TRANSPORTATION TRUST FUND; 26 | |
| 232 | + | ||
| 233 | + | (III) GROUND RENTS OR LAND SALE PROCEEDS IN ACC ORDANCE 27 | |
| 234 | + | WITH § 10–306(C)(2) OF THE STATE FINANCE AND PROCUREMENT ARTICLE; 28 | |
| 235 | + | 6 SENATE BILL 151 | |
| 191 | 236 | ||
| 192 | 237 | ||
| 193 | - | 2. BEFORE THE END OF A 10–YEAR DESIGNATION 1 | |
| 194 | - | PERIOD UNDER THIS SUBPARAGRAPH , A LOCAL GOVERNMENT O R MULTICOUNTY 2 | |
| 195 | - | AGENCY MAY APPLY TO THE SMART GROWTH SUBCABINET TO HAVE TH E 3 | |
| 196 | - | DESIGNATION EXTENDED FOR AN ADDITIONAL 10 YEARS. 4 | |
| 238 | + | (IV) PAYMENTS OF PRINCIPAL OF AND INTEREST ON L OANS 1 | |
| 239 | + | MADE UNDER THIS TITL E; 2 | |
| 197 | 240 | ||
| 198 | - | 3. AN AREA DESIGNATED AS A TRANSIT–ORIENTED 5 | |
| 199 | - | DEVELOPMENT THAT IS SUBJECT TO A GROUND LEASE OR OTHER AGREEMENT WITH 6 | |
| 200 | - | THE STATE, SHALL RETAIN THAT DE SIGNATION FOR THE DU RATION OF THE GROUND 7 | |
| 201 | - | LEASE OR OTHER AGREE MENT. 8 | |
| 241 | + | (V) INVESTMENT EARNINGS O F THE FUND; AND 3 | |
| 202 | 242 | ||
| 203 | - | ( | |
| 204 | - | ||
| 243 | + | (VI) ANY OTHER MONEY FROM ANY OTHER SOURCE , PUBLIC OR 4 | |
| 244 | + | PRIVATE, ACCEPTED FOR THE BEN EFIT OF THE FUND. 5 | |
| 205 | 245 | ||
| 206 | - | ( | |
| 207 | - | ||
| 246 | + | (2) CONTRIBUTIONS TO THE FUND UNDER PARAGRAPH (1)(III) OF 6 | |
| 247 | + | THIS SUBSECTION S HALL: 7 | |
| 208 | 248 | ||
| 209 | - | (ii) Grant the State or a department of the State additional authority 13 | |
| 210 | - | to supersede local land use and planning authority. 14 | |
| 249 | + | (I) BE SEPARATELY ACCOUNT ED FOR IN THE FUND; AND 8 | |
| 211 | 250 | ||
| 212 | - | 7–103. 15 | |
| 251 | + | (II) BE USED ONLY FOR THE BENEFIT OF TRANSIT –ORIENTED 9 | |
| 252 | + | DEVELOPMENTS IN THE SAME COUNTY WHERE TH E REAL PROPERTY SUBJ ECT TO 10 | |
| 253 | + | THE GROUND RENT OR L AND SALE IS LOCATED . 11 | |
| 213 | 254 | ||
| 214 | - | (A) ON OR BEFORE NOVEMBER 30, 2024, AND ON OR BEFORE NOVEMBER 16 | |
| 215 | - | 30 EACH YEAR THEREAFTER , THE SECRETARY SHALL SUBMI T A REPORT TO THE 17 | |
| 216 | - | GENERAL ASSEMBLY IN ACCORDANC E WITH § 2–1257 OF THE STATE GOVERNMENT 18 | |
| 217 | - | ARTICLE ON EFFORTS TO INCREASE TRANSIT–ORIENTED DEVELOPMENT 19 | |
| 218 | - | THROUGHOUT THE STATE. 20 | |
| 255 | + | (D) FOR EACH FISCAL YEAR , THE GOVERNOR SHALL INCLUD E IN THE 12 | |
| 256 | + | ANNUAL BUDGET BILL A N APPROPRIATION SUFF ICIENT TO ENSURE A FUND 13 | |
| 257 | + | BALANCE OF AT LEAST $10,000,000 AT THE START OF THE FISCAL YEAR. 14 | |
| 219 | 258 | ||
| 220 | - | (B) THE REPORT SHALL INCL UDE AN ANALYSIS OF T HE FOLLOWING ISSUES 21 | |
| 221 | - | FOR EACH TRANSIT –ORIENTED DEVELOPMENT IN THE STATE: 22 | |
| 259 | + | 7–1204. 15 | |
| 222 | 260 | ||
| 223 | - | (1) THE | |
| 224 | - | ||
| 261 | + | (A) (1) THE FUND MAY BE USED BY T HE DEPARTMENT TO PROVIDE 16 | |
| 262 | + | FINANCIAL ASSISTANCE TO LOCAL JURISDICTIONS FOR : 17 | |
| 225 | 263 | ||
| 226 | - | ( | |
| 227 | - | ||
| 228 | - | ||
| 264 | + | (I) DESIGN PLANS FOR A TR ANSIT–ORIENTED DEVELOPMENT , 18 | |
| 265 | + | PROVIDED THAT THE TR ANSIT–ORIENTED DEVELOPMENT WILL BE DESIGNED TO 19 | |
| 266 | + | MEET EQUITY GOALS ES TABLISHED BY THE DEPARTMENT ; 20 | |
| 229 | 267 | ||
| 230 | - | ( | |
| 231 | - | TRANSIT–ORIENTED DEVELOPMENT | |
| 268 | + | (II) PUBLIC INFRASTRUCTURE IMPROVEMENTS WITHIN A 21 | |
| 269 | + | TRANSIT–ORIENTED DEVELOPMENT ; OR 22 | |
| 232 | 270 | ||
| 233 | - | (C) THE DEPARTMENT SHALL CONSIDER T HE FINDINGS OF THE R EPORT 30 | |
| 234 | - | REQUIRED UNDER THIS SECTION FOR PURPOSES OF UPDATING THE SCOR ING 31 | |
| 235 | - | STANDARDS FOR APPLIC ATIONS FOR FINANCIAL ASSISTANCE FROM THE 32 | |
| 236 | - | TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT AND REVOLVING LOAN 33 | |
| 237 | - | FUND ESTABLISHED UNDE R SUBTITLE 12 OF THIS TITLE. 34 6 SENATE BILL 151 | |
| 271 | + | (III) GAP FUNDING FOR PUBLI C OR PRIVATE DEVELOP MENT 23 | |
| 272 | + | WITHIN A TRANSIT –ORIENTED DEVELOPMENT . 24 | |
| 273 | + | ||
| 274 | + | (2) A PRIVATE ENTITY , INCLUDING A NONPROFI T ENTITY, 25 | |
| 275 | + | PARTICIPATING IN THE DEVELOPMENT OF A TRA NSIT–ORIENTED DEVELOPMENT 26 | |
| 276 | + | MAY PARTNER WITH A LOCAL J URISDICTION TO SUBMI T AN APPLICATION FOR 27 | |
| 277 | + | FINANCIAL ASSISTANCE UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION . 28 | |
| 278 | + | ||
| 279 | + | (B) (1) THE DEPARTMENT SHALL : 29 | |
| 280 | + | SENATE BILL 151 7 | |
| 238 | 281 | ||
| 239 | 282 | ||
| 283 | + | (I) ESTABLISH ELIGIBILITY REQUIREMENTS AND SCO RING 1 | |
| 284 | + | STANDARDS FOR THE RE VIEW OF APPLICATIONS FOR FINANCIAL ASSISTA NCE; AND 2 | |
| 240 | 285 | ||
| 241 | - | ||
| 242 | - | ||
| 286 | + | (II) PUBLISH THE ELIGIBILI TY REQUIREMENTS AND SCORING 3 | |
| 287 | + | STANDARDS ON THE DEPARTMENT ’S WEBSITE. 4 | |
| 243 | 288 | ||
| 244 | - | ||
| 289 | + | (2) THE DEPARTMENT MAY ESTABL ISH: 5 | |
| 245 | 290 | ||
| 246 | - | ( | |
| 247 | - | ||
| 291 | + | (I) DIFFERENT ELIGIBILITY REQUIREMENTS AND SCO RING 6 | |
| 292 | + | STANDARDS FOR DIFFER ENT TYPES OF FINANCIAL ASSISTANCE ; AND 7 | |
| 248 | 293 | ||
| 249 | - | (B) “FINANCIAL ASSISTANCE ” MEANS A GRANT OR LOA N FROM THE FUND. 6 | |
| 294 | + | (II) SCORING PREFERENCES F OR APPLICATIONS THAT 8 | |
| 295 | + | DEMONSTRATE THAT THE PROPOSED PROJECT WIL L: 9 | |
| 250 | 296 | ||
| 251 | - | | |
| 252 | - | ||
| 297 | + | 1. ENHANCE ACCESS TO TRA NSIT FOR LOW –INCOME 10 | |
| 298 | + | AND MINORITY RESIDEN TS OF THE LOCAL JURI SDICTION; 11 | |
| 253 | 299 | ||
| 254 | - | | |
| 255 | - | ||
| 256 | - | ||
| 300 | + | 2. ENHANCE ACCESS TO TRA NSIT IN AREAS WITH 12 | |
| 301 | + | AFFORDABLE HOUSING A ND A DIVERSITY OF JO B AND EDUCATIONAL 13 | |
| 302 | + | OPPORTUNITIES ; OR 14 | |
| 257 | 303 | ||
| 258 | - | (E) “LOCAL JURISDICTION ” MEANS A COUNTY OR A MUNICIPAL 12 | |
| 259 | - | CORPORATION . 13 | |
| 304 | + | 3. ENCOURAGE DEVELOPMENT AROUND 15 | |
| 305 | + | UNDERDEVELOPED AND U NDERUTILIZED TRANSIT STATIONS IN 16 | |
| 306 | + | TRANSIT–ORIENTED DEVELOPMENT S. 17 | |
| 260 | 307 | ||
| 261 | - | (F) “MUNICIPAL CORPORATION ” MEANS A MUNICIPALITY AS DEFINED IN § 14 | |
| 262 | - | 1–101 OF THE LOCAL GOVERNMENT ARTICLE. 15 | |
| 308 | + | (C) AN APPLICATION FOR FI NANCIAL ASSISTANCE SHALL INCLUDE : 18 | |
| 263 | 309 | ||
| 264 | - | ||
| 310 | + | (1) COMMITMENTS FROM THE LOCAL JURISDICTION T O: 19 | |
| 265 | 311 | ||
| 266 | - | (A) THERE IS A TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT AND 17 | |
| 267 | - | REVOLVING LOAN FUND. 18 | |
| 312 | + | (I) ESTABLISH TRANSIT –SUPPORTIVE LAND USE 20 | |
| 313 | + | DESIGNATIONS FOR REA L PROPERTY WITHIN A TRANSIT–ORIENTED DEVELOPMENT ; 21 | |
| 314 | + | AND 22 | |
| 268 | 315 | ||
| 269 | - | (B) THE FUND IS A SPECIAL, NONLAPSING FUND THAT IS NOT SUBJECT TO 19 | |
| 270 | - | § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20 | |
| 316 | + | (II) IMPLEMENT , WHERE PRACTICABLE , IMPROVEMENTS TO 23 | |
| 317 | + | THE TRANSIT–ORIENTED DEVELOPMENT THAT PROMOTE THE COM PLETE STREETS 24 | |
| 318 | + | POLICY ADOPTED IN AC CORDANCE WITH § 2–112 OF THIS ARTICLE; 25 | |
| 271 | 319 | ||
| 272 | - | 7–1203. 21 | |
| 320 | + | (2) IF A PRIVATE ENTITY P ARTNERS WITH A LOCAL JURISDICTION TO 26 | |
| 321 | + | SUBMIT AN APPLICATIO N FOR FINANCIAL ASSI STANCE, COMMITMENTS FROM KEY 27 | |
| 322 | + | STAKEHOLDERS TO DEVE LOP THE TRANSIT –ORIENTED DEVELOPMENT ; AND 28 | |
| 273 | 323 | ||
| 274 | - | (A) THE PURPOSE OF THE FUND IS TO PROMOTE TH E EQUITABLE AND 22 | |
| 275 | - | INCLUSIVE DEVELOPMEN T OF TRANSIT–ORIENTED DEVELOPMENTS THROUGH OUT 23 | |
| 276 | - | THE STATE. 24 | |
| 277 | - | ||
| 278 | - | (B) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , AND THE 25 | |
| 279 | - | COMPTROLLER SHALL ACC OUNT FOR THE FUND. 26 | |
| 280 | - | ||
| 281 | - | (C) (1) THE FUND CONSISTS OF : 27 | |
| 282 | - | ||
| 283 | - | (I) MONEY APPROPRIATED IN THE STATE BUDGET TO THE 28 | |
| 284 | - | FUND; 29 SENATE BILL 151 7 | |
| 324 | + | (3) IF THE APPLICATION IS FOR A GRANT TO SUPPO RT THE DESIGN 29 | |
| 325 | + | OR CONSTRUCTION OF A PROPOSED ENHANCEMENT TO A TRANSIT –ORIENTED 30 8 SENATE BILL 151 | |
| 285 | 326 | ||
| 286 | 327 | ||
| 328 | + | DEVELOPMENT , CREDIBLE FUNDING STR ATEGIES THAT DEMONST RATE FULL 1 | |
| 329 | + | FUNDING OF THE DESIGN OR CONSTRUCTION COSTS F OR THE PROPOSED 2 | |
| 330 | + | ENHANCEMENT ON AWARD OF THE GRANT. 3 | |
| 287 | 331 | ||
| 288 | - | (II) MONEY MADE AVA ILABLE FOR QUALIFYIN G USES BY THE 1 | |
| 289 | - | FUND FROM OTHER GOVER NMENTAL SOURCES , INCLUDING COMMUNITY 2 | |
| 290 | - | DEVELOPMENT BLOCK GR ANTS ELIGIBLE FEDERAL FUN DING AND THE 3 | |
| 291 | - | TRANSPORTATION TRUST FUND; 4 | |
| 332 | + | 7–1205. 4 | |
| 292 | 333 | ||
| 293 | - | ( | |
| 294 | - | ||
| 334 | + | (A) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND IN 5 | |
| 335 | + | THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 6 | |
| 295 | 336 | ||
| 296 | - | ( | |
| 297 | - | ||
| 337 | + | (B) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE PAID IN TO THE 7 | |
| 338 | + | FUND. 8 | |
| 298 | 339 | ||
| 299 | - | ||
| 340 | + | Article – State Finance and Procurement 9 | |
| 300 | 341 | ||
| 301 | - | (VI) ANY OTHER MONEY FROM ANY OTHER SOURCE , PUBLIC OR 10 | |
| 302 | - | PRIVATE, ACCEPTED FOR THE BENEFIT OF THE FUND. 11 | |
| 342 | + | 6–226. 10 | |
| 303 | 343 | ||
| 304 | - | (2) CONTRIBUTIONS TO THE FUND UNDER PARAGRAPH (1)(III) OF 12 | |
| 305 | - | THIS SUBSECTION SHAL L: 13 | |
| 344 | + | (a) (2) (i) Notwithstanding any other provision of law, and unless 11 | |
| 345 | + | inconsistent with a federal law, grant agreement, or other federal requirement or with the 12 | |
| 346 | + | terms of a gift or settlement agreement, net interest on all State money allocated by the 13 | |
| 347 | + | State Treasurer under this section to special funds or accounts, and otherwise entitled to 14 | |
| 348 | + | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 15 | |
| 349 | + | Fund of the State. 16 | |
| 306 | 350 | ||
| 307 | - | (I) BE SEPARATELY ACCOUNT ED FOR IN THE FUND; AND 14 | |
| 351 | + | (ii) The provisions of subparagraph (i) of this paragraph do not apply 17 | |
| 352 | + | to the following funds: 18 | |
| 308 | 353 | ||
| 309 | - | (II) BE USED ONLY FOR THE BENEFIT OF TRANSIT –ORIENTED 15 | |
| 310 | - | DEVELOPMENTS IN THE SAME COUNTY WHERE TH E REAL PROPERTY SUBJ ECT TO 16 | |
| 311 | - | THE GROUND RENT OR L AND SALE IS LOCATED . 17 | |
| 354 | + | 170. the Cannabis Public Health Fund; [and] 19 | |
| 312 | 355 | ||
| 313 | - | (D) FOR EACH FISCAL YEAR 2025, THE GOVERNOR SHALL INCLUD E IN THE 18 | |
| 314 | - | ANNUAL BUDGET BILL A N APPROPRIATION SUFFICIENT TO ENSURE A FUND 19 | |
| 315 | - | BALANCE OF AT LEAST $10,000,000 AT THE START OF THE FISCAL YEAR $5,000,000 20 | |
| 316 | - | TO THE FUND. 21 | |
| 356 | + | 171. the Community Reinvestment and Repair Fund; AND 20 | |
| 317 | 357 | ||
| 318 | - | 7–1204. 22 | |
| 358 | + | 172. THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL 21 | |
| 359 | + | GRANT AND REVOLVING LOAN FUND. 22 | |
| 319 | 360 | ||
| 320 | - | (A) (1) THE FUND MAY BE USED BY T HE DEPARTMENT TO PROVIDE 23 | |
| 321 | - | FINANCIAL ASSISTANCE TO LOCAL JURISDICTIO NS FOR: 24 | |
| 361 | + | 10–306. 23 | |
| 322 | 362 | ||
| 323 | - | (I) DESIGN PLANS FOR A TR ANSIT–ORIENTED DEVELOPMENT , 25 | |
| 324 | - | PROVIDED THAT THE TR ANSIT–ORIENTED DEVELOPMEN T WILL BE DESIGNED T O 26 | |
| 325 | - | MEET EQUITY GOALS ES TABLISHED BY THE DEPARTMENT ; 27 | |
| 363 | + | (a) In this section, “capital asset” means an asset of a substantial permanent 24 | |
| 364 | + | nature. 25 | |
| 326 | 365 | ||
| 327 | - | (II) PUBLIC INFRASTRUCTURE IMPROVEMENTS WITHIN A 28 | |
| 328 | - | TRANSIT–ORIENTED DEVELOPMENT ; OR 29 | |
| 329 | - | 8 SENATE BILL 151 | |
| 366 | + | (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if cash 26 | |
| 367 | + | is received as consideration for the disposition of a capital asset of the State or any unit of 27 | |
| 368 | + | the State government, the cash shall be applied to the State Annuity Bond Fund Account 28 | |
| 369 | + | for the payment of the principal of and interest on the bonded indebtedness of the State. 29 | |
| 370 | + | ||
| 371 | + | (2) If the capital asset is real property that is being leased or sold to a 30 | |
| 372 | + | private party for the purpose of realizing a transit–oriented development as defined under 31 | |
| 373 | + | § 7–101 of the Transportation Article, at the discretion of the State agency that is disposing 32 SENATE BILL 151 9 | |
| 330 | 374 | ||
| 331 | 375 | ||
| 332 | - | ||
| 333 | - | ||
| 376 | + | of the property, all or a portion of the cash proceeds resulting from the transaction shall be 1 | |
| 377 | + | deposited in: 2 | |
| 334 | 378 | ||
| 335 | - | (2) A PRIVATE ENTITY , INCLUDING A NONPROFI T ENTITY, 3 | |
| 336 | - | PARTICIPATING IN THE DEVELOPMENT OF A TRA NSIT–ORIENTED DEVELOPMENT 4 | |
| 337 | - | MAY PARTNER WITH A L OCAL JURISDICTION TO SUBMIT AN APPLICATIO N FOR 5 | |
| 338 | - | FINANCIAL ASSISTANCE UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION . 6 | |
| 379 | + | (I) the Baltimore City Community Enhancement Transit–Oriented 3 | |
| 380 | + | Development Fund established under Title 15 of the Economic Development Article for the 4 | |
| 381 | + | purposes of that Fund; OR 5 | |
| 339 | 382 | ||
| 340 | - | (B) (1) THE SMART GROWTH SUBCABINET ESTABLISHE D UNDER § 7 | |
| 341 | - | 9–1406 OF THE STATE GOVERNMENT ARTICLE SHALL ESTABLI SH ELIGIBILITY 8 | |
| 342 | - | REQUIREMENTS AND OBJ ECTIVE SCORING STAND ARDS FOR THE REVIEW OF 9 | |
| 343 | - | APPLICATIONS FOR FIN ANCIAL ASSISTANCE . 10 | |
| 383 | + | (II) THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT 6 | |
| 384 | + | AND REVOLVING LOAN FUND ESTABLISHED UNDE R TITLE 7 OF THE 7 | |
| 385 | + | TRANSPORTATION ARTICLE FOR THE PURPO SES OF THAT FUND. 8 | |
| 344 | 386 | ||
| 345 | - | (2) THE SMART GROWTH SUBCABINET ESTABLISHED UNDER § 11 | |
| 346 | - | 9–1406 OF THE STATE GOVERNMENT ARTICLE MAY ESTABLISH : 12 | |
| 387 | + | (3) (i) If cash is received as consideration for the disposition of a capital 9 | |
| 388 | + | asset, and if the capital asset was originally purchased with special funds, the cash shall 10 | |
| 389 | + | be applied to the special fund. 11 | |
| 347 | 390 | ||
| 348 | - | (I) DIFFERENT ELIGIBILITY REQUIREMENTS AND OBJ ECTIVE 13 | |
| 349 | - | SCORING STANDARDS FO R DIFFERENT TYPES OF FINANCIAL ASSISTANCE ; AND 14 | |
| 391 | + | (ii) Notwithstanding subparagraph (i) of this paragraph, cash 12 | |
| 392 | + | received as consideration for the disposition of helicopters, auxiliary helicopter equipment, 13 | |
| 393 | + | ground support equipment, or other capital equipment related to helicopters shall be 14 | |
| 394 | + | applied to the State Annuity Bond Fund Account for the payment of the principal of and 15 | |
| 395 | + | interest on the bonded indebtedness of the State. 16 | |
| 350 | 396 | ||
| 351 | - | (II) SCORING PREFERENCES F OR APPLICATIONS THAT 15 | |
| 352 | - | DEMONSTRATE THAT THE PROPOSED PROJECT WIL L: 16 | |
| 397 | + | (4) If cash is received as consideration for the disposition of any real or 17 | |
| 398 | + | personal property of the State or any unit of the State government, other than a capital 18 | |
| 399 | + | asset, the cash shall be accounted for and paid into the State Treasury. 19 | |
| 353 | 400 | ||
| 354 | - | | |
| 355 | - | ||
| 401 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
| 402 | + | 1, 2023. 21 | |
| 356 | 403 | ||
| 357 | - | 2. ENHANCE ACCESS TO TRA NSIT IN AREAS WITH 19 | |
| 358 | - | AFFORDABLE HOUSING A ND A DIVERSITY OF JO B AND EDUCATIONAL 20 | |
| 359 | - | OPPORTU NITIES; OR 21 | |
| 360 | - | ||
| 361 | - | 3. ENCOURAGE DEVELOPMENT AROUND 22 | |
| 362 | - | UNDERDEVELOPED AND U NDERUTILIZED TRANSIT STATIONS IN 23 | |
| 363 | - | TRANSIT–ORIENTED DEVELOPMENT S. 24 | |
| 364 | - | ||
| 365 | - | (B) (C) (1) THE DEPARTMENT SHALL : 25 | |
| 366 | - | ||
| 367 | - | (I) ESTABLISH ELIGIBILITY REQUIREMENTS AND SCO RING 26 | |
| 368 | - | STANDARDS FOR THE RE VIEW OF APPLICATIONS FOR FIN ANCIAL ASSISTANCE ; AND 27 | |
| 369 | - | ||
| 370 | - | (II) (1) PUBLISH THE ELIGIBILI TY REQUIREMENTS AND 28 | |
| 371 | - | SCORING STANDARDS ON THE DEPARTMENT ’S WEBSITE; AND 29 | |
| 372 | - | ||
| 373 | - | (2) IN COLLABORATION WITH THE DEPARTMENT OF HOUSING AND 30 | |
| 374 | - | COMMUNITY DEVELOPMENT , SUPPORT RECIPIENTS O F AWARDS FROM THE FUND 31 SENATE BILL 151 9 | |
| 375 | - | ||
| 376 | - | ||
| 377 | - | BY SUPPORTING ANY ST UDIES, PLANS, AND CODE CHANGES WIT H TECHNICAL 1 | |
| 378 | - | SERVICES. 2 | |
| 379 | - | ||
| 380 | - | (2) THE DEPARTMENT MAY ESTABL ISH: 3 | |
| 381 | - | ||
| 382 | - | (I) DIFFERENT ELIGIBILITY REQUIREMENTS AND SCO RING 4 | |
| 383 | - | STANDARDS FOR DIFFER ENT TYPES OF FINANCI AL ASSISTANCE; AND 5 | |
| 384 | - | ||
| 385 | - | (II) SCORING PREFERENCES F OR APPLICATIONS THAT 6 | |
| 386 | - | DEMONSTRATE THAT THE PROPOSED PROJECT WIL L: 7 | |
| 387 | - | ||
| 388 | - | 1. ENHANCE ACCESS TO TRA NSIT FOR LOW –INCOME 8 | |
| 389 | - | AND MINORITY RESIDEN TS OF THE LOCAL JURI SDICTION; 9 | |
| 390 | - | ||
| 391 | - | 2. ENHANCE ACCESS TO TRA NSIT IN AREAS WITH 10 | |
| 392 | - | AFFORDABLE HOUSING A ND A DIVERSITY OF JOB A ND EDUCATIONAL 11 | |
| 393 | - | OPPORTUNITIES ; OR 12 | |
| 394 | - | ||
| 395 | - | 3. ENCOURAGE DEVELOPMENT AROUND 13 | |
| 396 | - | UNDERDEVELOPED AND U NDERUTILIZED TRANSIT STATIONS IN 14 | |
| 397 | - | TRANSIT–ORIENTED DEVELOPMENT S. 15 | |
| 398 | - | ||
| 399 | - | (C) (D) AN APPLICATION FOR FI NANCIAL ASSISTANCE S HALL INCLUDE : 16 | |
| 400 | - | ||
| 401 | - | (1) COMMITMENTS FROM THE LOCAL JURISDICTION T O: 17 | |
| 402 | - | ||
| 403 | - | (I) ESTABLISH TRANSIT –SUPPORTIVE LAND USE 18 | |
| 404 | - | DESIGNATIONS FOR REA L PROPERTY WITHIN A TRANSIT–ORIENTED DEVELOPMENT ; 19 | |
| 405 | - | AND 20 | |
| 406 | - | ||
| 407 | - | (II) IMPLEMENT , WHERE PRACTICABLE , IMPROVEMENTS TO 21 | |
| 408 | - | THE TRANSIT–ORIENTED DEVELOPMENT THAT PROMOTE THE COMPLETE STREETS 22 | |
| 409 | - | POLICY ADOPTED IN AC CORDANCE WITH § 2–112 OF THIS ARTICLE; 23 | |
| 410 | - | ||
| 411 | - | (2) IF A PRIVATE ENTITY P ARTNERS WITH A LOCAL JURISDICTION TO 24 | |
| 412 | - | SUBMIT AN APPLICATIO N FOR FINANCIAL ASSI STANCE, COMMITMENTS FROM KEY 25 | |
| 413 | - | STAKEHOLDERS TO DEVE LOP THE TRANS IT–ORIENTED DEVELOPMENT ; AND 26 | |
| 414 | - | ||
| 415 | - | (3) IF THE APPLICATION IS FOR A GRANT TO SUPPO RT THE DESIGN 27 | |
| 416 | - | OR CONSTRUCTION OF A PROPOSED ENHANCEMENT TO A TRANSIT –ORIENTED 28 | |
| 417 | - | DEVELOPMENT , CREDIBLE FUNDING STR ATEGIES THAT DEMONST RATE FULL 29 | |
| 418 | - | FUNDING OF THE DESIG N OR CONSTRUCTION COSTS FOR THE PROPOS ED 30 | |
| 419 | - | ENHANCEMENT ON AWARD OF THE GRANT. 31 | |
| 420 | - | 10 SENATE BILL 151 | |
| 421 | - | ||
| 422 | - | ||
| 423 | - | 7–1205. 1 | |
| 424 | - | ||
| 425 | - | (A) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND IN 2 | |
| 426 | - | THE SAME MANNER AS O THER STATE MONEY MAY BE IN VESTED. 3 | |
| 427 | - | ||
| 428 | - | (B) ANY INVESTMENT EARNIN GS OF THE FUND SHALL BE PAID IN TO THE 4 | |
| 429 | - | FUND. 5 | |
| 430 | - | ||
| 431 | - | Article – State Finance and Procurement 6 | |
| 432 | - | ||
| 433 | - | 6–226. 7 | |
| 434 | - | ||
| 435 | - | (a) (2) (i) Notwithstanding any other provision of law, and unless 8 | |
| 436 | - | inconsistent with a federal law, grant agreement, or other federal requirement or with the 9 | |
| 437 | - | terms of a gift or settlement agreement, net interest on all State money allocated by the 10 | |
| 438 | - | State Treasurer under this section to special funds or accounts, and otherwise entitled to 11 | |
| 439 | - | receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 12 | |
| 440 | - | Fund of the State. 13 | |
| 441 | - | ||
| 442 | - | (ii) The provisions of subparagraph (i) of this paragraph do not apply 14 | |
| 443 | - | to the following funds: 15 | |
| 444 | - | ||
| 445 | - | 170. the Cannabis Public Health Fund; [and] 16 | |
| 446 | - | ||
| 447 | - | 171. the Community Reinvestment and Repair Fund; AND 17 | |
| 448 | - | ||
| 449 | - | 172. THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL 18 | |
| 450 | - | GRANT AND REVOLVING LOAN FUND. 19 | |
| 451 | - | ||
| 452 | - | 10–306. 20 | |
| 453 | - | ||
| 454 | - | (a) In this section, “capital asset” means an asset of a substantial permanent 21 | |
| 455 | - | nature. 22 | |
| 456 | - | ||
| 457 | - | (c) (1) Except as provided in paragraphs (2) and (3) of this subsection, if cash 23 | |
| 458 | - | is received as consideration for the disposition of a capital asset of the State or any unit of 24 | |
| 459 | - | the State government, the cash shall be applied to the State Annuity Bond Fund Account 25 | |
| 460 | - | for the payment of the principal of and interest on the bonded indebtedness of the State. 26 | |
| 461 | - | ||
| 462 | - | (2) If the capital asset is real property that is being leased or sold to a 27 | |
| 463 | - | private party for the purpose of realizing a transit–oriented development as defined under 28 | |
| 464 | - | § 7–101 of the Transportation Article, at the discretion of the State agency that is disposing 29 | |
| 465 | - | of the property, all or a portion of the cash proceeds resulting from the transaction shall be 30 | |
| 466 | - | deposited in: 31 | |
| 467 | - | SENATE BILL 151 11 | |
| 468 | - | ||
| 469 | - | ||
| 470 | - | (I) the Baltimore City Community Enhancement Transit–Oriented 1 | |
| 471 | - | Development Fund established under Title 15 of the Economic Development Article for the 2 | |
| 472 | - | purposes of that Fund; OR 3 | |
| 473 | - | ||
| 474 | - | (II) THE TRANSIT–ORIENTED DEVELOPMENT CAPITAL GRANT 4 | |
| 475 | - | AND REVOLVING LOAN FUND ESTABLISHED UNDE R TITLE 7 OF THE 5 | |
| 476 | - | TRANSPORTATION ARTICLE FOR THE PURPO SES OF THAT FUND. 6 | |
| 477 | - | ||
| 478 | - | (3) (i) If cash is received as consideration for the disposition of a capital 7 | |
| 479 | - | asset, and if the capital asset was originally purchased with special funds, the cash shall 8 | |
| 480 | - | be applied to the special fund. 9 | |
| 481 | - | ||
| 482 | - | (ii) Notwithstanding subparagraph (i) of this paragraph, cash 10 | |
| 483 | - | received as consideration for the disposition of helicopters, auxiliary helicopter equipment, 11 | |
| 484 | - | ground support equipment, or other capital equipment related to helicopters shall be 12 | |
| 485 | - | applied to the State Annuity Bond Fund Account for the payment of the principal of and 13 | |
| 486 | - | interest on the bonded indebtedness of the State. 14 | |
| 487 | - | ||
| 488 | - | (4) If cash is received as consideration for the disposition of any real or 15 | |
| 489 | - | personal property of the State or any unit of the State government, other than a capital 16 | |
| 490 | - | asset, the cash shall be accounted for and paid into the State Treasury. 17 | |
| 491 | - | ||
| 492 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 18 | |
| 493 | - | 1, 2023. 19 | |
| 494 | - | ||
| 495 | - | ||
| 496 | - | ||
| 497 | - | ||
| 498 | - | ||
| 499 | - | Approved: | |
| 500 | - | ________________________________________________________________________________ | |
| 501 | - | Governor. | |
| 502 | - | ________________________________________________________________________________ | |
| 503 | - | President of the Senate. | |
| 504 | - | ________________________________________________________________________________ | |
| 505 | - | Speaker of the House of Delegates. |