Maryland § 5-7B-01

§ 5-7B-01.

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

    (b)    “Funding” includes any form of assurance, guarantee, grant payment, credit, tax credit, or other assistance, including a loan, loan guarantee, or reduction in the principal obligation of, or rate of interest payable on, a loan or a portion of a loan.

    (c)    (1)    “Growth–related project” means only the items set forth below:

            (i)    any major capital project as defined in § 2–103.1(a)(4) of the Transportation Article, except existing transportation facilities projects as defined in § 4–101(h) of the Transportation Article, project planning as defined in § 8–610(i) of the Transportation Article, or initial project planning as defined in § 8–610(e) of the Transportation Article;

            (ii)    funding by the Department of Housing and Community Development for:

                1.    construction or purchase of newly constructed single family homes or purchase of loans for newly constructed single family homes under Title 4, Subtitle 2, Subtitle 3, or Subtitle 8 of the Housing and Community Development Article;

                2.    acquisition or construction of newly constructed multifamily rental housing under Title 4, Subtitle 2, Subtitle 4, or Subtitle 15 of the Housing and Community Development Article; or

                3.    State–funded neighborhood revitalization projects under Title 6 of the Housing and Community Development Article;

            (iii)    funding by the Department of Commerce under any of the following:

                1.    the Maryland Industrial Development Financing Authority, authorized under Title 5, Subtitle 4 of the Economic Development Article;

                2.    the Maryland Small Business Development Financing Authority, authorized under Title 5, Subtitle 5 of the Economic Development Article;

                3.    the former Maryland Energy Financing Act, authorized under former Article 83A, Title 6, Subtitle 4 of the Code, succeeded by the Maryland Industrial Development Financing Authority;

                4.    the Economic Development Opportunities Program Fund, authorized under § 7–314 of this article;

                5.    the former Maryland Competitive Advantage Financing Fund, authorized under former Article 83A, Title 5, Subtitle 13 of the Code; and

                6.    the Maryland Economic Development Assistance Authority and Fund, authorized under Title 5, Subtitle 3 of the Economic Development Article;

            (iv)    funding by the Department of the Environment, for any project under:

                1.    §§ 9–1601 through 9–1605 (Water Quality Revolving Loan Fund) of the Environment Article except for funding nonpoint source pollution projects;

                2.    §§ 9–420 through 9–426 (Water Supply Financial Assistance Program) of the Environment Article; and

                3.    the supplemental assistance program authorized under Title 9, Subtitle 3, Part VI of the Environment Article; and

            (v)    except as provided in paragraph (2) of this subsection, procurement or funding of projects by the Department of General Services for:

                1.    leases of property by the State governed by §§ 4–318 through 4–321 of this article; and

                2.    land acquisition governed by §§ 4–411 through 4–416 of this article.

        (2)    “Growth–related project” does not include:

            (i)    projects by the Department of General Services for maintenance, repair, additions, or renovations to existing facilities, acquisition of land for telecommunications towers, parks, conservation and open space, and acquisition of agricultural, conservation, and historic easements;

            (ii)    funding by the Department of Housing and Community Development for any project financed with federal money used to purchase or rehabilitate existing single or multifamily housing or project financed with the proceeds of revenue bonds issued by the Community Development Administration if:

                1.    the Secretary of Housing and Community Development determines that application of this section:

                A.    conflicts with any provision of federal or State law applicable to the issuance or tax–exempt status of the bonds;

                B.    conflicts with any provision of any trust agreement between the Community Development Administration and any trustee; or

                C.    would otherwise prohibit financing of an existing project, or financing provided to cure or prevent any default under existing financing; or

                2.    the revenue bonds are issued under a transfer of the Maryland State ceiling to the Administration by a county under Title 13, Subtitle 8 of the Financial Institutions Article;

            (iii)    acquisition of land by the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article; or

            (iv)    any other project, funding, or other State assistance not listed under paragraph (1) of this subsection.

    (d)    “Limited peripheral development” means development that is contiguous to an existing community and does not increase the size of the existing community or village by more than 10% of the existing number of dwelling units.

    (e)    “Locally designated growth area” means an area determined by the county to be suitable for development in compliance with Title 1, Subtitle 4 or Title 3 of the Land Use Article.

    (f)    “Rural village” means a rural village, village center, or other unincorporated area that is primarily residential, including an area with historic qualities, that is located in an otherwise rural or agricultural area and for which new growth, if any, would derive primarily from in–fill development or limited peripheral expansion.

    (g)    “Technical assistance” means the provision of advice, consultation, training, information, or design, or architectural, organizational, or management assistance.