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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 | *hb0397* | |
9 | 6 | ||
10 | 7 | HOUSE BILL 397 | |
11 | 8 | C8 5lr2416 | |
12 | - | CF | |
9 | + | CF 5lr2838 | |
13 | 10 | By: Delegates D. Jones, Jacobs, T. Morgan, and Stewart | |
14 | 11 | Introduced and read first time: January 16, 2025 | |
15 | 12 | Assigned to: Environment and Transportation | |
16 | - | Committee Report: Favorable | |
17 | - | House action: Adopted | |
18 | - | Read second time: February 22, 2025 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | Maryland Agricultural and Resource –Based Industry Development Corporation 2 | |
25 | 19 | – Oyster Shucking House Loan Program 3 | |
26 | 20 | ||
27 | 21 | FOR the purpose of altering a certain loan program to authorize the Maryland Agricultural 4 | |
28 | 22 | and Resource–Based Industry Development Corporation to provide loans up to a 5 | |
29 | 23 | certain amount for certain seasonal full–time jobs; reducing the number of years that 6 | |
30 | 24 | a person must have been a licensed seafood dealer in order to be eligible to receive 7 | |
31 | 25 | financing under the loan program; and generally relating to loans provided by the 8 | |
32 | 26 | Maryland Agricultural and Resource–Based Industry Development Corporation. 9 | |
33 | 27 | ||
34 | 28 | BY repealing and reenacting, with amendments, 10 | |
35 | 29 | Article – Economic Development 11 | |
36 | 30 | Section 10–519.1 12 | |
37 | 31 | Annotated Code of Maryland 13 | |
38 | 32 | (2024 Replacement Volume and 2024 Supplement) 14 | |
39 | 33 | ||
40 | 34 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
41 | 35 | That the Laws of Maryland read as follows: 16 | |
42 | 36 | ||
43 | 37 | Article – Economic Development 17 | |
44 | 38 | ||
45 | 39 | 10–519.1. 18 | |
46 | 40 | ||
47 | 41 | (a) (1) In this section the following words have the meanings indicated. 19 | |
42 | + | ||
43 | + | (2) “Eligible seafood processing project” means a project to establish or 20 | |
44 | + | expand the business of a licensed seafood dealer that: 21 | |
45 | + | ||
46 | + | (i) supports the goal of increasing the amount of oyster shells 22 | |
47 | + | retained in the State and returned to the Chesapeake Bay; and 23 | |
48 | 48 | 2 HOUSE BILL 397 | |
49 | 49 | ||
50 | 50 | ||
51 | - | ( | |
52 | - | ||
51 | + | (ii) meets the criteria established by the Corporation under this 1 | |
52 | + | section. 2 | |
53 | 53 | ||
54 | - | (i) supports the goal of increasing the amount of oyster shells 3 | |
55 | - | retained in the State and returned to the Chesapeake Bay; and 4 | |
54 | + | (3) “Licensed seafood dealer” means a person licensed under § 4–701 of the 3 | |
55 | + | Natural Resources Article to buy, process, pack, resell, market or otherwise deal in fish 4 | |
56 | + | caught in the tidal waters of the State. 5 | |
56 | 57 | ||
57 | - | ( | |
58 | - | ||
58 | + | (4) “Repletion” means enhancing areas where commercial harvest is 6 | |
59 | + | permitted. 7 | |
59 | 60 | ||
60 | - | (3) “Licensed seafood dealer” means a person licensed under § 4–701 of the 7 | |
61 | - | Natural Resources Article to buy, process, pack, resell, market or otherwise deal in fish 8 | |
62 | - | caught in the tidal waters of the State. 9 | |
61 | + | (5) “Seasonal full–time job” means a position for which an individual is 8 | |
62 | + | required to work a minimum of 420 hours during 12 weeks of a 3–month period. 9 | |
63 | 63 | ||
64 | - | (4) “Repletion” means enhancing areas where commercial harvest is 10 | |
65 | - | permitted. 11 | |
64 | + | (b) (1) (i) The Corporation shall provide loans up to $250,000 to finance the 10 | |
65 | + | costs of eligible seafood processing projects in accordance with this section, including 11 | |
66 | + | historic oyster shucking facilities, not to exceed $25,000 for each full–time job or [$10,000 12 | |
67 | + | for each] seasonal full–time job that is projected to be created or retained. 13 | |
66 | 68 | ||
67 | - | (5) “Seasonal full–time job” means a position for which an individual is 12 | |
68 | - | required to work a minimum of 420 hours during 12 weeks of a 3–month period. 13 | |
69 | + | (ii) Beginning 1 year after receipt of a loan under this section, a loan 14 | |
70 | + | recipient shall report each year for 3 consecutive years to the Corporation to certify the 15 | |
71 | + | number of full–time jobs and seasonal full–time jobs that were created or retained by the 16 | |
72 | + | recipient during the previous 12–month period. 17 | |
69 | 73 | ||
70 | - | (b) (1) (i) The Corporation shall provide loans up to $250,000 to finance the 14 | |
71 | - | costs of eligible seafood processing projects in accordance with this section, including 15 | |
72 | - | historic oyster shucking facilities, not to exceed $25,000 for each full–time job or [$10,000 16 | |
73 | - | for each] seasonal full–time job that is projected to be created or retained. 17 | |
74 | + | (2) Financing provided under this section shall be conditioned on the 18 | |
75 | + | agreement by the recipient to comply with the provisions of § 4–1019.2 of the Natural 19 | |
76 | + | Resources Article until the loan is repaid. 20 | |
74 | 77 | ||
75 | - | (ii) Beginning 1 year after receipt of a loan under this section, a loan 18 | |
76 | - | recipient shall report each year for 3 consecutive years to the Corporation to certify the 19 | |
77 | - | number of full–time jobs and seasonal full–time jobs that were created or retained by the 20 | |
78 | - | recipient during the previous 12–month period. 21 | |
78 | + | (3) The Corporation shall forgive any loan provided under this section as 21 | |
79 | + | follows: 22 | |
79 | 80 | ||
80 | - | ( | |
81 | - | ||
82 | - | Resources | |
81 | + | (i) the current market value as established in § 4–1019.2 of the 23 | |
82 | + | Natural Resources Article for each bushel of oyster shells that the loan recipient returns to 24 | |
83 | + | the Department of Natural Resources at no cost; or 25 | |
83 | 84 | ||
84 | - | ( | |
85 | - | ||
85 | + | (ii) $25 for each bushel of spat–on–shell that the person plants on a 26 | |
86 | + | public fishery bottom as verified by the Department of Natural Resources. 27 | |
86 | 87 | ||
87 | - | (i) the current market value as established in § 4–1019.2 of the 27 | |
88 | - | Natural Resources Article for each bushel of oyster shells that the loan recipient returns to 28 | |
89 | - | the Department of Natural Resources at no cost; or 29 | |
88 | + | (c) A person is eligible to receive financing under this section if the person: 28 | |
90 | 89 | ||
91 | - | (ii) $25 for each bushel of spat–on–shell that the person plants on a 30 | |
92 | - | public fishery bottom as verified by the Department of Natural Resources. 31 | |
90 | + | (1) (i) has been a licensed seafood dealer for at least [5] 3 years; or 29 | |
93 | 91 | ||
94 | - | (c) A person is eligible to receive financing under this section if the person: 32 | |
92 | + | (ii) has held a tidal fish license issued under § 4–701 of the Natural 30 | |
93 | + | Resources Article for at least 5 years and agrees to obtain a seafood dealer license on 31 | |
94 | + | receiving financing under this section; 32 | |
95 | 95 | ||
96 | - | ( | |
96 | + | (2) has paid all applicable business taxes and fees for the past 5 years; 33 | |
97 | 97 | HOUSE BILL 397 3 | |
98 | 98 | ||
99 | 99 | ||
100 | - | (ii) has held a tidal fish license issued under § 4–701 of the Natural 1 | |
101 | - | Resources Article for at least 5 years and agrees to obtain a seafood dealer license on 2 | |
102 | - | receiving financing under this section; 3 | |
100 | + | (3) demonstrates to the satisfaction of the Corporation through a business 1 | |
101 | + | plan and pro forma financial projections that, within 5 years after receiving financing under 2 | |
102 | + | this section, the person’s seafood processing business will have the potential to achieve 3 | |
103 | + | viability as a business; 4 | |
103 | 104 | ||
104 | - | (2) has paid all applicable business taxes and fees for the past 5 years; 4 | |
105 | + | (4) meets any other eligibility requirements established by the 5 | |
106 | + | Corporation; and 6 | |
105 | 107 | ||
106 | - | (3) demonstrates to the satisfaction of the Corporation through a business 5 | |
107 | - | plan and pro forma financial projections that, within 5 years after receiving financing under 6 | |
108 | - | this section, the person’s seafood processing business will have the potential to achieve 7 | |
109 | - | viability as a business; 8 | |
108 | + | (5) agrees to the financing terms and conditions established by the 7 | |
109 | + | Corporation that are otherwise in conformance with this section. 8 | |
110 | 110 | ||
111 | - | (4) meets any other eligibility requirements established by the 9 | |
112 | - | Corporation; and 10 | |
111 | + | (d) (1) For fiscal year 2024, the Governor shall include in the annual budget 9 | |
112 | + | bill an appropriation of $1,000,000 to the Corporation for the purpose of providing loans 10 | |
113 | + | under this section. 11 | |
113 | 114 | ||
114 | - | ( | |
115 | - | ||
115 | + | (2) The appropriation in paragraph (1) of this subsection shall be 12 | |
116 | + | distributed to a special account to be used only to: 13 | |
116 | 117 | ||
117 | - | (d) (1) For fiscal year 2024, the Governor shall include in the annual budget 13 | |
118 | - | bill an appropriation of $1,000,000 to the Corporation for the purpose of providing loans 14 | |
119 | - | under this section. 15 | |
118 | + | (i) provide loans under this section; and 14 | |
120 | 119 | ||
121 | - | (2) The appropriation in paragraph (1) of this subsection shall be 16 | |
122 | - | distributed to a special account to be used only to: 17 | |
120 | + | (ii) pay the costs necessary to administer and operate this section. 15 | |
123 | 121 | ||
124 | - | (i) provide loans under this section; and 18 | |
125 | - | ||
126 | - | (ii) pay the costs necessary to administer and operate this section. 19 | |
127 | - | ||
128 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 20 | |
129 | - | 1, 2025. 21 | |
130 | - | ||
131 | - | ||
132 | - | ||
133 | - | Approved: | |
134 | - | ________________________________________________________________________________ | |
135 | - | Governor. | |
136 | - | ________________________________________________________________________________ | |
137 | - | Speaker of the House of Delegates. | |
138 | - | ________________________________________________________________________________ | |
139 | - | President of the Senate. | |
122 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16 | |
123 | + | 1, 2025. 17 |