WES MOORE, Governor Ch. 469
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Chapter 469
(Senate Bill 865)
AN ACT concerning
Economic Development – Western Maryland Economic Future Investment
Board and Senator George C. Edwards Fund – Alterations
FOR the purpose of renaming altering the composition of the Western Maryland Economic
Future Investment Board to be the Western Maryland Economic Future Investment
Vetting Board; establishing and specifying the purpose of the Western Maryland
Economic Future Investment Voting Board; establishing an Executive Director for
the Vetting Board and the Voting Board; altering the manner in which decisions are
made regarding certain proposals for funding; and generally relating to the Western
Maryland Economic Future Investment Boards and the Senator George C. Edwards
Fund.
BY repealing and reenacting, without amendments,
Article – Economic Development
Section 13–701(a), (c), and (e) (e), and (g)
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Economic Development
Section 13–736 through 13–741
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
BY adding to
Article – Economic Development
Section 13–738 and 13–739
Annotated Code of Maryland
(2018 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Economic Development
13–701.
(a) In this subtitle the following words have the meanings indicated.
(c) “Council” means the Tri–County Council for Western Maryland.
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(e) “Member county” means each county in the region that pays annual dues that
the Council sets.
(g) “Region” means Allegany, Garrett, and Washington counties.
13–736.
(a) In this part the following words have the meanings indicated.
[(b) “Board” means the Western Maryland Economic Future Investment Board
established under § 13–737 of this subtitle.]
(B) (C) “EXECUTIVE DIRECTOR” MEANS THE EXECUTIVE DIRECTOR OF
THE VETTING BOARD AND THE VOTING BOARD.
(c) (D) “Fund” means the Senator George C. Edwards Fund established under
[§ 13–738] § 13–740 § 13–739 of this subtitle.
(D) “VETTING BOARD” MEANS THE WESTERN MARYLAND ECONOMIC
FUTURE INVESTMENT VETTING BOARD ESTABLISHED UND ER § 13–737 OF THIS
SUBTITLE.
(E) “VOTING BOARD” MEANS THE WESTERN MARYLAND ECONOMIC
FUTURE INVESTMENT VOTING BOARD ESTABLISHED UND ER § 13–738 OF THIS
SUBTITLE.
13–737.
(a) There is a Western Maryland Economic Future Investment VETTING Board.
(b) The VETTING Board consists of the following members:
(1) one representative from the Department of Commerce, appointed by the
Secretary of Commerce, WHO SHALL SERVE AS A NONVOTING ME MBER;
[(2) one commissioner from each member county, appointed by each
member county’s respective commissioners;]
[(3)] (2) one representative of an economic development organization in
each member county, appointed by each member county’s respective commissioners, WHO
SHALL SERVE AS A NON VOTING MEMBER ;
[(4)] (3) one representative from the [chamber of commerce from each
member county, appointed by each member county’s respective chamber of commerce] WES MOORE, Governor Ch. 469
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PRIVATE SECTOR IN DISTRICT 1, APPOINTED BY THE SPEAKER OF THE HOUSE, IN
CONSULTATION WITH THE DISTRICT 1 DELEGATION TO THE MARYLAND GENERAL
ASSEMBLY; and
[(5)] (4) one representative from the [Maryland Municipal League,
appointed by the Executive Director of the League] PRIVATE SECTOR IN DISTRICT 2,
APPOINTED BY THE PRESIDENT OF THE SENATE, IN CONSULTATION WITH THE
DISTRICT 2 DELEGATION TO THE MARYLAND GENERAL ASSEMBLY;
(5) ONE COUNTY COMMISSIO NER FROM EACH MEMBER COUNTY;
(6) ONE REPRESENTATIVE F ROM DISTRICT 1, APPOINTED BY THE
PRESIDENT OF THE SENATE, IN CONSULTATION WITH THE DISTRICT 1 DELEGATION
TO THE MARYLAND GENERAL ASSEMBLY, WHO SHALL SERVE AS A NONVOTING
MEMBER;
(7) ONE REPRESENTATIVE F ROM DISTRICT 2, IN CONSULTATION
WITH THE DISTRICT 2 DELEGATION TO THE MARYLAND GENERAL ASSEMBLY,
APPOINTED BY THE SPEAKER OF THE HOUSE, WHO SHALL SERVE AS A NONVOTING
MEMBER;
(8) THE STATE SENATOR REPRESENTING DISTRICT 1, WHO SHALL
SERVE AS AN EX OFFIC IO NONVOTING MEMBER ;
(9) THE STATE SENATOR REPRESENTING DISTRICT 2, WHO SHALL
SERVE AS AN EX OFFICIO NONVOT ING MEMBER;
(10) A MEMBER OF THE HOUSE OF DELEGATES REPRESENTIN G A
SUBDISTRICT IN DISTRICT 1, APPOINTED BY THE SPEAKER OF THE HOUSE, WHO
SHALL SERVE AS AN EX OFFICIO NONVOTING ME MBER; AND
(11) A MEMBER OF THE HOUSE OF DELEGATES REPRESENTING A
SUBDISTRICT IN DISTRICT 2, APPOINTED BY THE SPEAKER OF THE HOUSE, WHO
SHALL SERVE AS AN EX OFFICIO NONVOTING ME MBER.
(c) The [representative from the Department of Commerce shall] VETTING
VOTING MEMBERS OF TH E BOARD MAY ELECT A chair [the Board] FROM AMONG ITS
THE BOARD’S MEMBERS.
(d) The Council shall provide staff for the VETTING Board.
(e) A member of the VETTING Board:
(1) may not receive compensation as a member of the Board; but Ch. 469 2023 LAWS OF MARYLAND
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(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(F) THE PRIVATE SECTOR IN DIVIDUALS APPOINTED UNDER SUBSECTION
(B)(3) AND (4) OF THIS SECTION MAY BE THE SAME INDIVIDU ALS AS APPOINTED
UNDER § 13–738(B)(2) OF THIS SUBTITLE.
13–738.
(A) THERE IS A WESTERN MARYLAND ECONOMIC FUTURE INVESTMENT
VOTING BOARD.
(B) THE VOTING BOARD CONSISTS OF THE FOLLOWING MEMBERS :
(1) ONE COMMISSIONER FRO M EACH MEMBER COUNTY , APPOINTED
BY EACH MEMBER COUNT Y’S RESPECTIVE COMMISS IONERS; AND
(2) THE TWO MEMBERS OF T HE VETTING BOARD WHO ARE
REPRESENTATIVES FROM THE PRIVATE SECTOR .
(3) THE CURRENT SENATORS OF DISTRICT 1 AND DISTRICT 2 MAY
SERVE AS NONVOTING M EMBERS OF THE VETTING BOARD.
(C) THE COUNCIL MAY PROVIDE S TAFF FOR THE VOTING BOARD.
(D) A MEMBER OF THE VOTING BOARD:
(1) MAY NOT RECEIVE COMP ENSATION AS A MEMBER OF THE BOARD;
BUT
(2) IS ENTITLED TO REIMB URSEMENT FOR EXPENSE S UNDER THE
STANDARD STATE TRAVEL REGULATIONS, AS PROVIDED IN THE STATE BUDGET .
(E) (F) THE VOTING VOTING MEMBERS OF TH E BOARD SHALL HAVE
FINAL APPROVAL AUTHO RITY ON:
(1) DISBURSEMENTS FROM T HE FUND; AND
(2) PROJECTS SELECTED IN ACCORDANCE WITH § 13–741 13–740 OF
THIS SUBTITLE.
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(F) THE PRIVATE SECTOR IN DIVIDUALS APPOINTED UNDER SUBSECTION
(B)(2) OF THIS SECTION MAY BE THE SAME INDIVIDU ALS APPOINTED UNDER §
13–737(B)(3) AND (4) OF THIS SUBTITLE.
13–739. 13–738.
(A) THE VOTING BOARD SHALL APPOINT A N EXECUTIVE DIRECTOR.
(B) THE EXECUTIVE DIRECTOR SERVES AT TH E PLEASURE OF THE
VETTING BOARD AND THE VOTING BOARD.
(C) THE SALARY OF THE EXECUTIVE DIRECTOR SHALL BE UP TO MAY NOT
EXCEED $75,000.
(D) THE EXECUTIVE DIRECTOR SHALL MANAGE THE ADMINISTRATIVE
AFFAIRS AND TECHNICA L ACTIVITIES OF THE VETTING BOARD AND THE VOTING
BOARD, IN ACCORDANCE WITH P OLICIES AND PROCEDUR ES THE VETTING BOARD
AND VOTING BOARD ESTABLISH ESTABLISHES.
(E) THE EXECUTIVE DIRECTOR SHALL:
(1) ADMINISTER MAY ASSIST IN ADMINI STERING THE FUND UNDER §
13–740 13–739 OF THIS SUBTITLE;
(2) SHALL PRESENT THE PROJECTS SELECTED IN ACCORDAN CE WITH
§ 13–741 13–740 OF THIS SUBTITLE AS VETTED BY THE VETTING BOARD TO THE
VOTING DETERMINED BY THE VO TING MEMBERS OF THE BOARD; AND
(2) (3) SHALL PERFORM ANY OTHER DU TIES THAT THE VETTING
BOARD AND THE VOTING BOARD DIRECT DIRECTS IN CARRYING OUT THIS PART.
[13–738.] 13–740. 13–739.
(a) There is a Senator George C. Edwards Fund.
(b) The purpose of the Fund is to provide grant or loan funding to capital
infrastructure projects and business development projects that improve the economic
conditions in the region.
(c) The [Council] EXECUTIVE DIRECTOR shall administer the Fund.
(d) (1) The Fund consists of:
(i) appropriations as provided in the State budget;
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(ii) interest or other income earned on the investment of money in
the Fund; and
(iii) any other money accepted for the benefit of the Fund.
(2) In each of fiscal years 2024 through 2026, the Governor shall include in
the annual operating or capital budget bill an appropriation of at least $10,000,000 to the
Fund.
(e) Money in the Fund may be used only to:
(1) award grants and provide loans to capital infrastructure projects and
business development projects to improve the economic conditions in the region; and
(2) pay the costs necessary to administer the Fund, INCLUDING PAYING
THE SALARY OF THE EXECUTIVE DIRECTOR.
(f) (1) The Fund is a special, nonlapsing fund that is not subject to reversion
under § 7–302 of the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the
Comptroller shall account for the Fund.
(3) The State Treasurer shall invest the money in the Fund in the same
manner as other State money may be invested.
(4) Any investment earnings of the Fund shall be credited to the Fund.
[13–739.] 13–741. 13–740.
(a) A member county or local entity within a member county may submit a
proposal for funding under this part.
(b) To qualify for funding, a project shall be:
(1) a capital infrastructure project that:
(i) is linked to economic development in the region, as approved by
the VETTING Board; and
(ii) receives 20% matching funds from the member county where the
project is located, another local entity, a private business, or a combination thereof;
(2) a business development project that:
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(i) encourages and promotes downtown neighborhood
revitalization, small business tourism, or other areas as approved by the VETTING Board;
and
(ii) receives 10% matching funds from the member county where the
project is located, another local entity, a private business, or a combination thereof; or
(3) any other project that the VETTING Board determines is appropriate
to promote economic development in the region.
(c) (1) (i) The VETTING Board shall develop criteria to review, evaluate,
and rate project proposals for funding under this part.
(ii) The criteria in subparagraph (i) of this paragraph shall ensure
that the project:
1. creates or retains jobs;
2. creates or retains businesses;
3. increases wages; or
4. creates new State or local tax revenue.
(2) (I) THE VOTING BOARD SHALL CHOOSE WH ICH PROJECTS TO
AWARD GRANTS AND LOA NS TO BASED ON THE C RITERIA DEVELOPED IN
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION .
(II) The VETTING Board OR THE EXECUTIVE DIRECTOR shall
distribute grants and loans to projects based on [the criteria developed in accordance with
paragraph (1) of this subsection] THE DECISIONS MADE B Y THE VOTING BOARD IN
ACCORDANCE WITH SUBP ARAGRAPH (I) OF THIS PARAGRAPH .
(d) (1) The VETTING Board OR THE EXECUTIVE DIRECTOR shall monitor
and track the progress of each project that receives funding under this part.
(2) If the VETTING Board determines that sufficient progress is not being
made toward achieving the requirements of this section, the VETTING Board may reclaim
the awarded funds.
(e) The funding provided in this section shall be used to supplement and not
supplant any funds that would otherwise be provided to the VETTING Board or the member
counties.
[13–740.] 13–742. 13–741. Ch. 469 2023 LAWS OF MARYLAND
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(a) On or before December 31 each year, the VETTING Board shall report to the
Governor and, in accordance with § 2–1257 of the State Government Article, the General
Assembly on the implementation of this part.
(b) The report required in subsection (a) of this section shall include,
disaggregated by member county:
(1) the number of new projects funded during the previous year;
(2) the number of projects that were completed during the previous year;
(3) the number of ongoing projects that were not completed during the
previous year;
(4) the amount and type of funding received by each project;
(5) the current status of each ongoing project; and
(6) any other relevant economic metrics determined by the VETTING
Board.
[13–741.] 13–743. 13–742.
The VETTING Board shall adopt regulations to carry out this part.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 2023.
Approved by the Governor, May 8, 2023.