Section 5-301 - Definitions.
§ 5-301. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(a).
No changes are made.
(b) Animal waste technology project.- "Animal waste technology project" means a project that involves 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 animal waste management strategies; or
(4) use animal waste in a production process.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1401(b).
In the introductory language of this subsection, the reference to "a project that involves" the research, development, implementation, or market development of technology is added for conformity with subsections (c) and (f) of this section.
In item (3) of this subsection, the reference to "animal" waste is added for consistency within this subsection.
(c) Aquaculture project.- "Aquaculture project" means a project that encourages innovation, expansion, and modernization of the seafood processing industry or aquaculture industry.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(c).
The only change is in style.
(d) Arts and entertainment district.- "Arts and entertainment district" means an area designated by the Secretary as an arts and entertainment district under Title 4, Subtitle 7 of this article.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1401(d).
The reference to "the Secretary" is added to clarify that the Secretary is the authority that designates arts and entertainment districts.
Defined Terms.
"Secretary" § 1-101
(e) Arts and entertainment enterprise.- "Arts and entertainment enterprise" means a for-profit or not-for-profit entity that is:
(1) located in an arts and entertainment district; and
(2) dedicated to the visual or performing arts.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(e).
The only changes are in style.
Defined Terms.
"Arts and entertainment district" § 5-301
(f) Arts and entertainment project.- "Arts and entertainment project" means a project that promotes or enhances the development of an arts and entertainment district.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(f).
No changes are made.
Defined Terms.
"Arts and entertainment district" § 5-301
(g) Associated development and carrying costs.-
(1) "Associated development and carrying costs" means costs that are associated with the acquisition and maintenance of an asset.
(2) "Associated development and carrying costs" includes:
(i) settlement costs;
(ii) insurance;
(iii) interest;
(iv) taxes;
(v) government fees;
(vi) utilities; and
(vii) the costs of managing and securing the asset.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(g).
The only changes are in style.
(h) Authority.- "Authority" means the Maryland Economic Development Assistance Authority.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(h).
No changes are made.
(i) Brownfields Revitalization Incentive Program.- "Brownfields Revitalization Incentive Program" means the program in the Department that provides financial assistance from the Fund for the redevelopment of qualified brownfields sites, as provided in Part VI of this subtitle.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(i).
In this subsection and throughout this subtitle, the reference to "Part VI" of this subtitle is substituted for the former reference to "§ 5-1408" of this subtitle to reflect the revision of former Art. 83A, § 5-1408 in Part VI of this subtitle.
The only changes are in style.
Defined Terms.
"Financial assistance" § 5-301
"Fund" § 5-301
"Qualified brownfields site" § 5-301
(j) Brownfields site.-
(1) "Brownfields site" means a property that:
(i) is located in a county or municipal corporation that elects to participate in the Brownfields Revitalization Incentive Program in accordance with § 5-336 of this subtitle; and
(ii) is:
1. an eligible property, as defined in § 7-501 of the Environment Article, that is owned or operated by an inculpable person, as defined in § 7-501 of the Environment Article; or
2. a property where there is a release, discharge, or threatened release of oil, as defined in § 4-401 of the Environment Article, that is subject to Title 4 of the Environment Article.
(2) "Brownfields site" does not include property that is owned or operated by:
(i) a responsible person as defined in § 7-201 of the Environment Article; or
(ii) a person responsible for the discharge, as defined in § 4-401 of the Environment Article.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(j) and (s).
In paragraph (2)(i) of this subsection, the phrase "as defined in § 7-201 of the Environment Article" is added for clarity.
The only other changes are in style.
Defined Terms.
"Brownfields Revitalization Incentive Program" § 5-301
"County" § 1-101
"Person" § 1-101
"Responsible person" § 5-301
(k) Child care facility.- "Child care facility" means a facility that is required to be licensed as a child care center under Title 5, Subtitle 5, Part VII of the Family Law Article.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(k).
The general reference to "Title 5, Subtitle 5, Part VII" of the Family Law Article is substituted for the former specific reference to "§§ 5-570 through 5-585" of the Family Law Article to accommodate the potential future addition of new provisions to the referenced part of the subtitle.
No other changes are made.
(l) Child care special loan.- "Child care special loan" means a direct loan to expand or improve child care services at a child care facility, as provided in Part VII of this subtitle.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1401(l).
The former phrase "in the State", which modified "child care facilities", is deleted as unnecessary because only child care facilities in the State are required, as specified in subsection (k) of this section, to be licensed under the Family Law Article.
Defined Terms.
"Child care facility" § 5-301
(m) Corporation.- "Corporation" means the Maryland Economic Development Corporation.
Revisor's Note.
This subsection is new language added to provide a shorthand reference to the "Maryland Economic Development Corporation".
(n) Financial assistance.- "Financial assistance" means a grant, loan, or investment provided under this subtitle.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(o).
No changes are made.
(o) Fund.- "Fund" means the Maryland Economic Development Assistance Fund.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(n).
No changes are made.
(p) Local economic development fund.- "Local economic development fund" means a revolving, nonlapsing fund that one or more local governments establish for economic development in the areas under their jurisdiction.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(p).
The only changes are in style.
Defined Terms.
"Local government" § 5-301
(q) Local economic development opportunity.- "Local economic development opportunity" means a project that:
(1) is determined by the Department or Authority to provide a valuable economic development opportunity to the jurisdiction in which the project is located; and
(2) is a priority for and endorsed by the governing body of that jurisdiction.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(q).
The only changes are in style.
Defined Terms.
"Authority" § 5-301
"Department" § 1-101
(r) Local government.- "Local government" means:
(1) a county;
(2) a municipal corporation;
(3) a designated agency or instrumentality of a county; or
(4) a designated agency or instrumentality of a municipal corporation.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1401(r).
In items (2) and (4) of this subsection, the references to a "municipal corporation" are substituted for the former reference to a "municipality" to conform to Md. Constitution, Art. XI-E.
The former reference to the "Maryland Economic Development Corporation" is deleted for clarity. The Corporation is not a local government or a unit of a local government; rather, it is an independent instrumentality of the State. Some provisions of the former law intended the term "local government" to include the Corporation; others did not. In each instance where the former law used the defined term "local government" with the intention to include the Corporation, it is specifically named in the revision. See, e.g., §§ 5-311(3), 5-319(c), and 5-320(a) and (b) of this subtitle. Where the Corporation would not logically be included, the revision does not do so. See, e.g., §§ 5-329, 5-330, and 5-332(a) of this subtitle. No substantive change is intended.
For provisions relating to the Maryland Economic Development Corporation, see Title 10, Subtitle 1 of this article.
Defined Terms.
"Corporation" § 5-301
"County" § 1-101
(s) Qualified brownfields site.- "Qualified brownfields site" means a brownfields site that is determined by the Department to be eligible for financial assistance under this subtitle.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(t).
The defined term "financial assistance" is substituted for the former reference to "financial incentives" for clarity and consistency within this subtitle.
The only other changes are in style.
Defined Terms.
"Brownfields site" § 5-301
"Department" § 1-101
"Financial assistance" § 5-301
(t) Qualified distressed county project.- "Qualified distressed county project" means a project that a local government or the Corporation carries out in a qualified distressed county.
Revisor's Note.
This subsection is new language derived without substantive change from former Art. 83A, § 5-1401(v).
The reference to the "Corporation" is added for clarity. See Revisor's Note to subsection (r) of this section.
Defined Terms.
"Corporation" § 5-301
"Local government" § 5-301
"Qualified distressed county" § 1-101
(u) Responsible person.- "Responsible person" has the meaning stated in § 7-201 of the Environment Article.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(w).
No changes are made.
(v) Significant strategic economic development opportunity.- "Significant strategic economic development opportunity" means a project that is determined by the Department or Authority to provide a valuable economic development opportunity of statewide, regional, or strategic industry impact.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(x).
The only changes are in style.
Defined Terms.
"Authority" § 5-301
"Department" § 1-101
(w) Specialized economic development opportunity.- "Specialized economic development opportunity" means:
(1) an animal waste technology project;
(2) an aquaculture project;
(3) an arts and entertainment enterprise;
(4) an arts and entertainment project;
(5) the redevelopment of a qualified brownfields site; or
(6) a project to create or expand a child care facility.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(y).
The only changes are in style.
Defined Terms.
"Animal waste technology project" § 5-301
"Aquaculture project" § 5-301
"Arts and entertainment enterprise" § 5-301
"Arts and entertainment project" § 5-301
"Child care facility" § 5-301
"Qualified brownfields site" § 5-301
(x) Working capital.- "Working capital" means money to be used for current operations of a business.
Revisor's Note.
This subsection formerly was Art. 83A, § 5-1401(z).
The reference to "money" is substituted for the former reference to "funds" for consistency with terminology used throughout this subtitle and this article.
No other changes are made.
[An. Code 1957, art. 83A, § 5-1401(a)-(l), (n)-(t), (v)-(z); 2008, ch. 306, § 2.]