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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 | *sb0238* | |
9 | 6 | ||
10 | 7 | SENATE BILL 238 | |
11 | 8 | C9 5lr0153 | |
12 | 9 | (PRE–FILED) CF HB 127 | |
13 | 10 | By: Chair, Education, Energy, and the Environment Committee (By Request – | |
14 | 11 | Departmental – Housing and Community Development) | |
15 | 12 | Requested: October 6, 2024 | |
16 | 13 | Introduced and read first time: January 8, 2025 | |
17 | 14 | Assigned to: Education, Energy, and the Environment | |
18 | - | Committee Report: Favorable | |
19 | - | Senate action: Adopted | |
20 | - | Read second time: January 24, 2025 | |
21 | 15 | ||
22 | - | ||
16 | + | A BILL ENTITLED | |
23 | 17 | ||
24 | 18 | AN ACT concerning 1 | |
25 | 19 | ||
26 | 20 | Department of Housing and Community Development – Maryland Housing 2 | |
27 | 21 | Rehabilitation Program – Local Rehabilitation Program Administration 3 | |
28 | 22 | ||
29 | 23 | FOR the purpose of expanding the entities eligible to administer local rehabilitation 4 | |
30 | 24 | programs to include certain nonprofit sponsors; and generally relating to the 5 | |
31 | 25 | administration of the Maryland Housing Rehabilitation Program. 6 | |
32 | 26 | ||
33 | 27 | BY repealing and reenacting, without amendments, 7 | |
34 | 28 | Article – Housing and Community Development 8 | |
35 | 29 | Section 4–901(a), (h), and (i) 9 | |
36 | 30 | Annotated Code of Maryland 10 | |
37 | 31 | (2019 Replacement Volume and 2024 Supplement) 11 | |
38 | 32 | ||
39 | 33 | BY repealing and reenacting, with amendments, 12 | |
40 | 34 | Article – Housing and Community Development 13 | |
41 | 35 | Section 4–901(e), 4–911, and 4–914 14 | |
42 | 36 | Annotated Code of Maryland 15 | |
43 | 37 | (2019 Replacement Volume and 2024 Supplement) 16 | |
44 | 38 | ||
45 | 39 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
46 | 40 | That the Laws of Maryland read as follows: 18 | |
47 | 41 | ||
48 | - | Article – Housing and Community Development 19 2 SENATE BILL 238 | |
42 | + | Article – Housing and Community Development 19 | |
43 | + | ||
44 | + | 4–901. 20 | |
45 | + | ||
46 | + | (a) In this subtitle the following words have the meanings indicated. 21 | |
47 | + | 2 SENATE BILL 238 | |
49 | 48 | ||
50 | 49 | ||
50 | + | (e) “Local rehabilitation program” means a rehabilitation program that uses 1 | |
51 | + | Program loans and is administered by a political subdivision OR A NONPROFIT SPONS OR. 2 | |
51 | 52 | ||
52 | - | ||
53 | + | (h) “Nonprofit sponsor” means: 3 | |
53 | 54 | ||
54 | - | ( | |
55 | + | (1) a nonprofit organization; 4 | |
55 | 56 | ||
56 | - | (e) “Local rehabilitation program” means a rehabilitation program that uses 3 | |
57 | - | Program loans and is administered by a political subdivision OR A NONPROFIT SPONS OR. 4 | |
57 | + | (2) a political subdivision; or 5 | |
58 | 58 | ||
59 | - | (h) “Nonprofit sponsor” means: 5 | |
59 | + | (3) a limited partnership formed to undertake a rehabilitation project that 6 | |
60 | + | is eligible wholly or partly for federal programs or incentives, if: 7 | |
60 | 61 | ||
61 | - | (1) a nonprofit organization; 6 | |
62 | + | (i) each general partner is a nonprofit organization or a political 8 | |
63 | + | subdivision; or 9 | |
62 | 64 | ||
63 | - | (2) a political subdivision; or 7 | |
65 | + | (ii) 1. each general partner is a wholly owned subsidiary of a 10 | |
66 | + | nonprofit organization or political subdivision; and 11 | |
64 | 67 | ||
65 | - | (3) a limited partnership formed to undertake a rehabilitation project that 8 | |
66 | - | is eligible wholly or partly for federal programs or incentives, if: 9 | |
68 | + | 2. a nonprofit organization or political subdivision manages 12 | |
69 | + | the rehabilitation project or will receive net cash flow or the residual sale proceeds on the 13 | |
70 | + | sale of the rehabilitation project. 14 | |
67 | 71 | ||
68 | - | (i) each general partner is a nonprofit organization or a political 10 | |
69 | - | subdivision; or 11 | |
72 | + | (i) “Program” means the Maryland Housing Rehabilitation Program. 15 | |
70 | 73 | ||
71 | - | (ii) 1. each general partner is a wholly owned subsidiary of a 12 | |
72 | - | nonprofit organization or political subdivision; and 13 | |
74 | + | 4–911. 16 | |
73 | 75 | ||
74 | - | | |
75 | - | ||
76 | - | ||
76 | + | (a) To ensure that all areas of the State are served, the Department shall allocate 17 | |
77 | + | at least annually among the counties the money appropriated for making Program loans 18 | |
78 | + | under the Regular Rehabilitation Program. 19 | |
77 | 79 | ||
78 | - | ( | |
80 | + | (b) When allocating money to a county, the Department shall consider: 20 | |
79 | 81 | ||
80 | - | ||
82 | + | (1) the number of families of limited income in the county; 21 | |
81 | 83 | ||
82 | - | (a) To ensure that all areas of the State are served, the Department shall allocate 19 | |
83 | - | at least annually among the counties the money appropriated for making Program loans 20 | |
84 | - | under the Regular Rehabilitation Program. 21 | |
84 | + | (2) the need to rehabilitate buildings in the county; 22 | |
85 | 85 | ||
86 | - | (b) When allocating money to a county, the Department shall consider: 22 | |
86 | + | (3) the capability of the county to administer a local rehabilitation 23 | |
87 | + | program; and 24 | |
87 | 88 | ||
88 | - | (1) the number of families of limited income in the county; 23 | |
89 | + | (4) other standards that the Department considers relevant to ensure fair 25 | |
90 | + | and equitable distribution of money among counties. 26 | |
89 | 91 | ||
90 | - | ( | |
92 | + | (c) The Department may: 27 | |
91 | 93 | ||
92 | - | (3) the capability of the county to administer a local rehabilitation 25 | |
93 | - | program; and 26 | |
94 | - | ||
95 | - | (4) other standards that the Department considers relevant to ensure fair 27 | |
96 | - | and equitable distribution of money among counties. 28 | |
94 | + | (1) allocate on a countywide basis first and then make suballocations 28 | |
95 | + | among participating municipal corporations AND NONPROFIT SPONSO RS within counties; 29 | |
97 | 96 | SENATE BILL 238 3 | |
98 | 97 | ||
99 | 98 | ||
100 | - | (c) The Department may: 1 | |
99 | + | (2) allocate up to 25% of the total money available in the Special Loan 1 | |
100 | + | Programs Fund to a reserve; and 2 | |
101 | 101 | ||
102 | - | (1) allocate on a countywide basis first and then make suballocations 2 | |
103 | - | among participating municipal corporations AND NONPROFIT SPONSO RS within counties; 3 | |
102 | + | (3) from time to time, reallocate the money held in the reserve. 3 | |
104 | 103 | ||
105 | - | (2) allocate up to 25% of the total money available in the Special Loan 4 | |
106 | - | Programs Fund to a reserve; and 5 | |
104 | + | 4–914. 4 | |
107 | 105 | ||
108 | - | (3) from time to time, reallocate the money held in the reserve. 6 | |
106 | + | (a) If the Department certifies a political subdivision OR NONPROFIT SPONSOR 5 | |
107 | + | as capable of administering a local rehabilitation program, the political subdivision OR 6 | |
108 | + | NONPROFIT SPONSOR may originate and administer Program loans under regulations of 7 | |
109 | + | the Department. 8 | |
109 | 110 | ||
110 | - | 4–914. 7 | |
111 | + | (b) (1) By regulation, the Department shall establish standards for 9 | |
112 | + | determining the capability of a political subdivision OR NONPROFIT SPONSOR to 10 | |
113 | + | administer a local rehabilitation program. 11 | |
111 | 114 | ||
112 | - | (a) If the Department certifies a political subdivision OR NONPROFIT SPONSOR 8 | |
113 | - | as capable of administering a local rehabilitation program, the political subdivision OR 9 | |
114 | - | NONPROFIT SPONSOR may originate and administer Program loans under regulations of 10 | |
115 | - | the Department. 11 | |
115 | + | (2) The standards shall include provisions on: 12 | |
116 | 116 | ||
117 | - | (b) (1) By regulation, the Department shall establish standards for 12 | |
118 | - | determining the capability of a political subdivision OR NONPRO FIT SPONSOR to 13 | |
119 | - | administer a local rehabilitation program. 14 | |
117 | + | (i) the size, training, and experience of the professional staff that 13 | |
118 | + | would administer the Program; and 14 | |
120 | 119 | ||
121 | - | ( | |
120 | + | (ii) the capability of the professional staff to: 15 | |
122 | 121 | ||
123 | - | (i) the size, training, and experience of the professional staff that 16 | |
124 | - | would administer the Program; and 17 | |
122 | + | 1. determine rehabilitation needs; 16 | |
125 | 123 | ||
126 | - | | |
124 | + | 2. establish rehabilitation programs; 17 | |
127 | 125 | ||
128 | - | | |
126 | + | 3. evaluate applications for Program loans; and 18 | |
129 | 127 | ||
130 | - | 2. establish rehabilitation programs; 20 | |
128 | + | 4. monitor Program loans and the rehabilitation work done 19 | |
129 | + | with them. 20 | |
131 | 130 | ||
132 | - | 3. evaluate applications for Program loans; and 21 | |
131 | + | (c) If the Department determines that a political subdivision OR NONPROFIT 21 | |
132 | + | SPONSOR cannot or does not want to administer a local rehabilitation program, the 22 | |
133 | + | Department may originate and administer Program loans from the allocation or 23 | |
134 | + | suballocation to that political subdivision. 24 | |
133 | 135 | ||
134 | - | 4. monitor Program loans and the rehabilitation work done 22 | |
135 | - | with them. 23 | |
136 | + | (d) The Department may: 25 | |
136 | 137 | ||
137 | - | (c) If the Department determines that a political subdivision OR NONPROFIT 24 | |
138 | - | SPONSOR cannot or does not want to administer a local rehabilitation program, the 25 | |
139 | - | Department may originate and administer Program loans from the allocation or 26 | |
140 | - | suballocation to that political subdivision. 27 | |
138 | + | (1) help train employees of political subdivisions AND NONPROFIT 26 | |
139 | + | SPONSORS to administer local rehabilitation programs under the standards that the 27 | |
140 | + | Department sets; and 28 | |
141 | 141 | ||
142 | - | ( | |
143 | - | 4 SENATE BILL 238 | |
142 | + | (2) provide political subdivisions AND NONPROFIT SPONSO RS advice and 29 | |
143 | + | technical assistance on the administration of their local rehabilitation programs, including 30 4 SENATE BILL 238 | |
144 | 144 | ||
145 | 145 | ||
146 | - | (1) help train employees of political subdivisions AND NONPROFIT 1 | |
147 | - | SPONSORS to administer local rehabilitation programs under the standards that the 2 | |
148 | - | Department sets; and 3 | |
146 | + | loan packaging, contractor and bid selection, zoning, marketing, engineering, and related 1 | |
147 | + | services. 2 | |
149 | 148 | ||
150 | - | (2) provide political subdivisions AND NONPROFIT SPONS ORS advice and 4 | |
151 | - | technical assistance on the administration of their local rehabilitation programs, including 5 | |
152 | - | loan packaging, contractor and bid selection, zoning, marketing, engineering, and related 6 | |
153 | - | services. 7 | |
149 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3 | |
150 | + | 1, 2025. 4 | |
154 | 151 | ||
155 | - | SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect July 8 | |
156 | - | 1, 2025. 9 | |
157 | - | ||
158 | - | ||
159 | - | ||
160 | - | ||
161 | - | Approved: | |
162 | - | ________________________________________________________________________________ | |
163 | - | Governor. | |
164 | - | ________________________________________________________________________________ | |
165 | - | President of the Senate. | |
166 | - | ________________________________________________________________________________ | |
167 | - | Speaker of the House of Delegates. |