Maryland Department of Business and Economic Development Section 5-1401

Article - Department of Business and Economic Development

§ 5-1401.

      (a)      In this subtitle the following words have the meanings indicated.

      (b)      "Animal waste technology project" means the research, development, implementation, or market development of technology that is intended to:

            (1)      Reduce the amount of nutrients in animal waste;

            (2)      Alter the composition of animal waste;

            (3)      Develop alternative waste management strategies; or

            (4)      Use animal waste in a production process.

      (c)      "Aquaculture project" means a project that encourages innovation, expansion, and modernization of the seafood processing industry or the aquaculture industry.

      (d)      "Arts and Entertainment District" means an area designated under Title 4, Subtitle 7 of this article as an Arts and Entertainment District.

      (e)      "Arts and entertainment enterprise" means a for profit or nonprofit entity located in an Arts and Entertainment District and dedicated to the visual or performing arts.

      (f)      "Arts and entertainment project" means a project that promotes or enhances the development of an Arts and Entertainment District.

      (g)      "Associated development and carrying costs" means costs associated with the acquisition and maintenance of an asset, including settlement costs, insurance, interest, taxes, government fees, utilities, and the costs of managing and securing the asset.

      (h)      "Authority" means the Maryland Economic Development Assistance Authority.

      (i)      "Brownfields Revitalization Incentive Program" means the Program within the Department under which financial assistance from the Fund is provided for the redevelopment of qualified brownfields sites, as set forth in § 5-1408 of this subtitle.

      (j)      (1)      "Brownfields site" means:

                  (i)      An eligible property, as defined in § 7-501 of the Environment Article, that is:

                        1.      Owned or operated by an inculpable person, as defined in § 7-501 of the Environment Article; and

                        2.      Located in a county or municipal corporation that has elected to participate in the Brownfields Revitalization Incentive Program in accordance with § 5-1408(a) of this subtitle; or

                  (ii)      Property where there is a release, discharge, or threatened release of oil, as defined in § 4-401 of the Environment Article, that is:

                        1.      Subject to the provisions of Title 4 of the Environment Article; and

                        2.      Located in a county or municipal corporation that has elected to participate in the Brownfields Revitalization Incentive Program in accordance with § 5-1408(a) of this subtitle.

            (2)      "Brownfields site" does not include property that is owned or operated by a responsible person or a person responsible for the discharge.

      (k)      "Child care facility" means a facility that is required to be licensed as a child care center under §§ 5-570 through 5-585 of the Family Law Article.

      (l)      "Child care special loan" means a direct loan for the expansion or improvement of child care services at child care facilities in the State, which is governed by the terms of § 5-1409 of this subtitle.

      (m)      "County" means a county of the State or Baltimore City.

      (n)      "Fund" means the Maryland Economic Development Assistance Fund.

      (o)      "Financial assistance" means a grant, loan, or investment provided under this subtitle.

      (p)      "Local economic development fund" means a revolving, nonlapsing fund that one or more local governments establish for purposes of economic development within the areas under their jurisdictions.

      (q)      "Local economic development opportunity" means a project that the Department determines provides a valuable economic development opportunity to the jurisdiction in which the project is located and which is a priority for and endorsed by the governing body of that jurisdiction.

      (r)      "Local government" means a county or municipality or its designated agency or instrumentality or the Maryland Economic Development Corporation.

      (s)      "Person responsible for the discharge" has the meaning stated in § 4-401 of the Environment Article.

      (t)      "Qualified brownfields site" means a brownfields site that has been determined by the Department of Business and Economic Development to be eligible for financial incentives under this subtitle.

      (u)      "Qualified distressed county" means a county that has developed in consultation with the municipal corporations located within the county and submitted to the Secretary a local strategic plan for economic development that has been approved by the Secretary and:

            (1)      For which the average rate of unemployment for the most recent 18-month period for which data are available exceeds 150% of the average rate of unemployment for the entire State during the same period; or

            (2)      For which the average per capita personal income for the most recent 24-month period for which data are available does not exceed 67% of the average personal per capita income for the entire State during the same period.

      (v)      "Qualified distressed county project" means a project carried out in a qualified distressed county by a local government.

      (w)      "Responsible person" has the meaning stated in § 7-201 of the Environment Article.

      (x)      "Significant strategic economic development opportunity" means a project that the Department determines provides a valuable economic development opportunity of statewide, regional, or strategic industry impact.

      (y)      "Specialized economic development opportunity" means an animal waste technology project, an aquaculture project, redevelopment of a qualified brownfields site, a project to create or expand a child care facility, an arts and entertainment enterprise, or an arts and entertainment project.

      (z)      "Working capital" means funds to be used for current operations of a business.



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