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Statutes Text

Article - Economic Development




§10–601.

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

    (b)    “Authority” means the Maryland Stadium Authority.

    (c)    “Authority affiliate” means a for–profit or nonprofit entity in which the Authority directly or indirectly owns any membership interest or equity interest.

    (d)    “Baltimore City” means, as the context requires:

        (1)    the geographic area of the City of Baltimore; or

        (2)    the Mayor and City Council of Baltimore.

    (e)    “Baltimore City Board of School Commissioners” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System established under § 3–108.1 of the Education Article.

    (f)    “Baltimore City Public School Construction Facilities Fund” means the Baltimore City Public School Construction Facilities Fund established under § 10–657 of this subtitle.

    (g)    “Baltimore City Public School Construction Financing Fund” means the Baltimore City Public School Construction Financing Fund established under § 10–656 of this subtitle.

    (h)    “Baltimore City public school facility” means a property primarily used for educational instruction that:

        (1)    is held in trust by Baltimore City or the Baltimore City Board of School Commissioners for the benefit of the Baltimore City Public School System; and

        (2)    is designated for improvement under the memorandum of understanding between the Authority, Baltimore City, the Baltimore City Board of School Commissioners, and the Interagency Commission on School Construction entered into in accordance with § 10–646 of this subtitle.

    (i)    “Baltimore City public school site” means the site of any Baltimore City public school facility.

    (j)    (1)    “Baltimore Convention facility” means:

            (i)    a convention center, trade show facility, meeting hall, or other structure in Baltimore City used to hold conventions, trade shows, meetings, displays, or similar events; and

            (ii)    offices, parking lots or garages, access roads, hotels, restaurants, railroad sidings, and any other structures, improvements, equipment, furnishings, or other property functionally related to the facilities described in item (i) of this paragraph.

        (2)    “Baltimore Convention facility” includes the following, if used, useful, or usable in the future as, or in connection with, a Baltimore Convention facility:

            (i)    land, structures, equipment, property, property rights, property appurtenances, rights–of–way, franchises, easements, and other interests in land;

            (ii)    land and facilities that are functionally related to a Baltimore Convention facility; and

            (iii)    patents, licenses, and other rights necessary or useful to construct or operate a Baltimore Convention facility.

    (k)    “Baltimore Convention Fund” means the Baltimore Convention Financing Fund established under § 10–651 of this subtitle.

    (l)    “Baltimore Convention site” means all properties within the area bounded by the 200 and 300 blocks of South Charles Street on the east, the 100 and 200 blocks of Conway Street on the south, the 200 and 300 blocks of South Howard Street on the west, and the 100 and 200 blocks of West Pratt Street on the north.

    (m)    “Bond” includes a note, an interim certificate, a refunding bond, and any other evidence of obligation issued under this subtitle.

    (n)    “Camden Yards” means the area comprising approximately 85 acres in Baltimore City bounded by Camden Street on the north, Russell Street on the west, Ostend Street on the south, and Howard Street and Interstate 395 on the east.

    (o)    “Camden Yards Fund” means the Camden Yards Financing Fund established under § 10–652 of this subtitle.

    (p)    “Convention facility” means the Baltimore Convention facility, the Montgomery County Conference facility, and the Ocean City Convention facility.

    (q)    (1)    “County” means, as the context requires:

            (i)    the geographic area of the county; or

            (ii)    the governing body of the county.

        (2)    “County” includes Baltimore City.

    (r)    “County board of education” means the board of education of a county and includes the Baltimore City Board of School Commissioners.

    (s)    “Facility” means:

        (1)    a structure or other improvement developed at Camden Yards;

        (2)    a convention facility;

        (3)    the Hippodrome Performing Arts facility;

        (4)    a sports facility;

        (5)    a Baltimore City public school facility;

        (6)    a racing facility;

        (7)    a public school facility;

        (8)    the Hagerstown Multi–Use Sports and Events Facility;

        (9)    a sports entertainment facility; or

        (10)    a Prince George’s County Blue Line Corridor facility.

    (t)    “Governmental unit” means a county, a municipal corporation, a unit of State or local government, or any other public body created under State or local law.

    (u)    (1)    “Hagerstown Multi–Use Sports and Events Facility” means the sports and events facility located in Hagerstown, Maryland, used for minor league baseball games, other events, and related activities.

        (2)    “Hagerstown Multi–Use Sports and Events Facility” includes:

            (i)    fields and field houses;

            (ii)    offices;

            (iii)    parking lots and garages;

            (iv)    access roads;

            (v)    food service facilities; and

            (vi)    other functionally related structures, improvements, furnishings, or equipment.

    (v)    “Hagerstown Multi–Use Sports and Events Facility Fund” means the Hagerstown Multi–Use Sports and Events Facility Fund established under § 10–657.4 of this subtitle.

    (w)    “Hagerstown Multi–Use Sports and Events Facility site” means the site of the Hagerstown Multi–Use Sports and Events Facility in Hagerstown, Maryland.

    (x)    (1)    “Hippodrome Performing Arts facility” means the performing arts center facility located at the Hippodrome Performing Arts site.

        (2)    “Hippodrome Performing Arts facility” includes, at the Hippodrome Performing Arts site:

            (i)    the Hippodrome theater and offices;

            (ii)    food service facilities; and

            (iii)    any other functionally related property, structures, improvements, furnishings, or equipment.

    (y)    “Hippodrome Performing Arts Fund” means the Hippodrome Performing Arts Financing Fund established under § 10–653 of this subtitle.

    (z)    “Hippodrome Performing Arts site” means the site of the France–Merrick Performing Arts Center located in Baltimore City at the address generally known as:

        (1)    12 North Eutaw Street Building, identified in the State Department of Assessments and Taxation Real Property database as tax identification number Ward 04, Section 08, Block 0631, Lot 001; and

        (2)    401 West Fayette Street, identified in the State Department of Assessments and Taxation Real Property database as tax identification number Ward 04, Section 08, Block 0631, Lot 013.

    (aa)    “Improve” means to add, alter, construct, equip, expand, extend, improve, install, reconstruct, rehabilitate, remodel, or repair.

    (bb)    “Improvement” means addition, alteration, construction, equipping, expansion, extension, improvement, installation, reconstruction, rehabilitation, remodeling, or repair.

    (cc)    (1)    “Laurel Park racing facility site” means the portion of the Laurel Park site designated to contain the racing facility.

        (2)    “Laurel Park racing facility site” includes the portion of the site designated to contain:

            (i)    the barns;

            (ii)    the clubhouse;

            (iii)    the dirt, turf, or synthetic racetracks;

            (iv)    the infield and immediately adjacent surrounding perimeter of the racetracks;

            (v)    the backstretch, dormitories and housing, equine diagnostic and health center, stables, and training facilities;

            (vi)    the trackside aprons; and

            (vii)    the associated roadways, walkways, sidewalks, parking areas, green space, fencing, and related structures and areas as designated in the plans approved by the Authority.

    (dd)    “Laurel Park site” means the site in Anne Arundel County generally bounded by State Route 198, Whiskey Bottom Road, Brock Bridge Road, and the CSX Railway.

    (ee)    (1)    “MJC Entities” means the Maryland Jockey Club of Baltimore City, Inc., Laurel Racing Association Limited Partnership, Laurel Racing Association, Inc., and TSG Developments Investments, Inc.

        (2)    “MJC Entities” includes an affiliate, an assignee, a designee, a successor, or a transferee of an MJC Entity.

    (ff)    “Montgomery County” includes the Montgomery County Revenue Authority.

    (gg)    (1)    “Montgomery County Conference facility” means the Conference Center facility located at the Montgomery County Conference site used for conferences, trade shows, meetings, displays, or similar events.

        (2)    “Montgomery County Conference facility” includes, at the Montgomery County Conference site, offices, parking lots and garages, access roads, food service facilities, and other functionally related property, structures, improvements, furnishings, or equipment.

        (3)    “Montgomery County Conference facility” does not include the privately owned hotel adjacent to the Montgomery County Conference Center.

    (hh)    “Montgomery County Conference Fund” means the Montgomery County Conference Financing Fund established under § 10–654 of this subtitle.

    (ii)    “Montgomery County Conference site” means the site of the Montgomery County Conference Center located in Rockville at the address generally known as 5701 Marinelli Road, identified in the State Department of Assessments and Taxation Real Property database as tax identification number District 04, Account Number 03392987.

    (jj)    (1)    “Ocean City Convention facility” means:

            (i)    a convention center, trade show facility, meeting hall, or other structure in Ocean City used to hold conventions, trade shows, meetings, displays, or similar events; and

            (ii)    offices, parking lots or garages, access roads, food service facilities, and any other structures, improvements, equipment, furnishings, or other property functionally related to the facilities described in item (i) of this paragraph.

        (2)    “Ocean City Convention facility” includes the following, if used, useful, or usable in the future as, or in connection with, an Ocean City Convention facility:

            (i)    land, structures, equipment, property, property rights, property appurtenances, rights–of–way, franchises, easements, and other interests in land;

            (ii)    land and facilities that are functionally related to an Ocean City Convention facility; and

            (iii)    patents, licenses, and other rights necessary or useful to construct or operate an Ocean City Convention facility.

    (kk)    “Ocean City Convention Fund” means the Ocean City Convention Financing Fund established under § 10–655 of this subtitle.

    (ll)    “Ocean City Convention site” means the site of the Ocean City Convention Center located in Ocean City at the address generally known as 4001 Coastal Highway, identified in the State Department of Assessments and Taxation Real Property database as tax identification numbers District 10, Account Number 055237; District 10, Account Number 066301; District 10, Account Number 247942; and District 10, Account Number 280346.

    (mm)    (1)    “Pimlico racing facility site” means the portion of the Pimlico site containing the racing facilities.

        (2)    “Pimlico racing facility site” includes the portion of the site designated to contain:

            (i)    the clubhouse and events center;

            (ii)    the dirt, turf, or synthetic racetracks;

            (iii)    the infield and immediately adjacent area surrounding the perimeter of the racetracks that is contained on the site;

            (iv)    the stables, barns, and training facilities;

            (v)    the trackside aprons; and

            (vi)    associated roadways, walkways, parking areas, green space, fencing, and related structures and areas as designated in the plans approved by the Authority.

    (nn)    “Pimlico site” means the site in Baltimore City generally bounded by Northern Parkway, Park Heights Avenue, Belvedere Avenue, and Pimlico Road.

    (oo)    “Prince George’s County Blue Line Corridor” means an area, the specific boundaries of which are designated by public local law, in central Prince George’s County in the intersections of Maryland Route 704, Maryland Route 214, and Maryland Route 202.

    (pp)    (1)    “Prince George’s County Blue Line Corridor facility” means a facility located within the Prince George’s County Blue Line Corridor that is:

            (i)    a convention center;

            (ii)    an arts and entertainment amphitheater; and

            (iii)    any other functionally related structures, improvements, infrastructure, furnishings, or equipment of the facility, including parking garages.

        (2)    “Prince George’s County Blue Line Corridor facility” does not include a sports facility.

    (qq)    “Project entities” means each entity or entities or a joint venture entity or entities, that exists or is formed by any combination of MJC Entities, an entity owned by the City of Baltimore (the Baltimore City Entity), or an entity owned by Anne Arundel County (the Anne Arundel County Entity) for:

        (1)    the MJC Entities’ conveyance of the Pimlico site and the Laurel Park racing facility site;

        (2)    the operation of the Pimlico racing facility site and the Laurel Park racing facility site; and

        (3)    the construction, development, ownership, management, and operation of the racing and community development projects.

    (rr)    “Program memorandum of understanding” means the memorandum of understanding between the Authority and the Interagency Commission on School Construction entered into in accordance with § 10–650 of this subtitle.

    (ss)    “Project memorandum of understanding” means the memorandum of understanding between the Authority, the county, and the county board of education entered into in accordance with § 10–650 of this subtitle.

    (tt)    “Public school facility” means a building, and may include a parking facility, an athletic facility, or any other facility related to educational instruction that:

        (1)    is held in trust by a county board of education, or the Mayor and City Council of Baltimore City, for the benefit of the county public school system; and

        (2)    is designated for improvement under a memorandum of understanding entered into in accordance with § 10–650 of this subtitle.

    (uu)    “Public school site” means the site of any public school facility in the State.

    (vv)    “Racing and Community Development Facilities Fund” means the Fund established under § 10–657.3 of this subtitle.

    (ww)    “Racing and Community Development Financing Fund” means the Fund established under § 10–657.2 of this subtitle.

    (xx)    (1)    “Racing and community development projects” means improvements to the Pimlico racing facility site, Pimlico site, Laurel Park racing facility site, and Laurel Park site.

        (2)    “Racing and community development projects” includes:

            (i)    predesign and design work;

            (ii)    architectural and engineering services;

            (iii)    project consulting services;

            (iv)    demolition, clean–up, site work, and grading and site drainage;

            (v)    landscaping;

            (vi)    signage;

            (vii)    parking, roadways, fencing, walkways, sidewalks, and green space;

            (viii)    security systems;

            (ix)    lighting, sound, video, and communication systems;

            (x)    pari–mutuel and tote systems;

            (xi)    plumbing, electric, fiber, cable, utilities, and other infrastructure;

            (xii)    water, sewer, and storm water management systems;

            (xiii)    construction and equipping of barns, clubhouses, dormitories or other housing, an equine diagnostic and health facility, a Pimlico thoroughbred racing museum, stables, tracks, training facilities, and other racing and community facilities;

            (xiv)    design and project contingencies, project allowances, and cost escalators and other specifications for the projects; and

            (xv)    temporary or permanent improvements and facilities, including at on– or off–site locations, used to maintain year–round racing and training.

    (yy)    (1)    “Racing and community development project costs” means costs and expenses associated with or that relate to the racing and community development projects.

        (2)    “Racing and community development project costs” includes transition costs and reimbursements and the recycling of project cost savings for the benefit of the racing and community development projects.

    (zz)    “Racing facility” means the Pimlico site and the Laurel Park racing facility site and any facilities or other improvements on the Pimlico site or the Laurel Park racing facility site.

    (aaa)    (1)    “Sports entertainment facility” means a structure or other improvement in the State at which minor league games are played or other non–major league sporting events are held.

        (2)    “Sports entertainment facility” includes parking lots, garages, and any other property adjacent and directly related to a facility described under paragraph (1) of this subsection.

        (3)    “Sports entertainment facility” does not include:

            (i)    a facility located at Camden Yards;

            (ii)    a sports facility; or

            (iii)    a high school, collegiate, or recreational venue that does not generate positive incremental tax benefits to the State.

    (bbb)    “Sports Entertainment Facilities Financing Fund” means the Sports Entertainment Facilities Financing Fund established under § 10–657.5 of this subtitle.

    (ccc)    (1)    “Sports facility” means:

            (i)    a stadium primarily for professional football, major league professional baseball, or both, in the Baltimore metropolitan region, as defined in § 13–301 of this article;

            (ii)    practice fields or other areas where professional football or major league professional baseball teams practice or perform; and

            (iii)    offices for professional football and major league professional baseball teams or franchises.

        (2)    “Sports facility” includes parking lots, garages, and any other property adjacent and directly related to an item listed in paragraph (1) of this subsection.

        (3)    “Sports facility” does not include a sports entertainment facility.

    (ddd)    “Supplemental Facilities Fund” means the Supplemental Facilities Fund established under § 10–657.1 of this subtitle.

    (eee)    (1)    “Supplemental facility” means a structure or other improvement developed in Baltimore City outside Camden Yards.

        (2)    “Supplemental facility” does not include the Baltimore Convention facility or the Hippodrome Performing Arts facility.

    (fff)    “Supplemental facility site” means the site of any supplemental facility.

    (ggg)    “Supplemental Public School Construction Facilities Fund” means the Supplemental Public School Construction Facilities Fund established under § 10–658.1 of this subtitle.

    (hhh)    “Supplemental Public School Construction Financing Fund” means the Supplemental Public School Construction Financing Fund established under § 10–658 of this subtitle.

    (iii)    “Tax supported debt” has the meaning stated in § 8–104 of the State Finance and Procurement Article.



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