§ 2.5-109

Maryland § 2.5-109

• Jurisdiction: Maryland
• Article gec: Economic Development

Text

§2.5–109. IN EFFECT

(a) In this section, “economic development program” means:

(1) the Economic Development Opportunities Program Account established under § 7–314 of the State Finance and Procurement Article;

(2) the Partnership for Workforce Quality Program established under Title 3, Subtitle 4 of this article;

(3) each of the economic development and financial assistance programs established under Title 5 of this article; and

(4) each of the tax credit programs administered by the Department, including:

(i) the Film Production Activity Tax Credit;

(ii) the Job Creation Tax Credit;

(iii) the One Maryland Economic Development Tax Credit;

(iv) the Biotechnology Investment Incentive Tax Credit;

(v) the Research and Development Tax Credit;

(vi) the Security Clearance Administrative Expenses and Construction and Equipment Costs Tax Credit;

(vii) the Innovation Investment Incentive Tax Credit;

(viii) the More Jobs for Marylanders Tax Credit;

(ix) the Purchase of Cybersecurity Technology or Service Tax Credit;

(x) the Opportunity Zone Enhancement Tax Credit;

(xi) the Small Business Relief Tax Credit;

(xii) any other tax credit program that is administered by the Department under:

1. Title 6 of this article; or

2. Title 10, Subtitle 7 of the Tax – General Article; and

(xiii) the Theatrical Production Tax Credit.

(b) The Department shall compile data in accordance with this section on the economic development programs administered by the Department.

(c) On or before December 31, 2013, and each year thereafter, the Department shall submit a report on the economic development programs that were administered by the Department during the previous fiscal year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(d) (1) The report required under this section shall include the following data, if applicable, on the economic development programs administered by the Department:

(i) the number of jobs created;

(ii) the number of jobs retained;

(iii) the estimated amount of State revenue generated;

(iv) the status of any special fund;

(v) for minority business enterprises, as defined in § 14–301 of the State Finance and Procurement Article:

1. the number of enterprises that received assistance from each economic development program; and

2. the percentage of assistance distributed to each minority business enterprise from each economic development program compared to the total assistance distributed from each economic development program;

(vi) a statement indicating whether, during the current reporting year, the Department reduced, revoked, or recaptured a tax credit or any amount of financial assistance from a recipient and, if applicable:

1. the total amount recovered as a result of the reduction, revocation, or recapture, and any penalty assessed; and

2. a justification for the reduction, revocation, or recapture; and

(vii) any additional information required by the Department through regulations.

(2) The report required under this section shall include data in the aggregate and disaggregated by:

(i) each economic development program; and

(ii) each recipient of assistance from an economic development program.

(3) The report required under this section shall include any additional information required under the law authorizing the economic development program.

(e) The Department shall establish, maintain, and update annually a publicly available database on the Department’s website that:

(1) provides information that is downloadable by the public in a common machine–readable format; and

(2) includes, as applicable:

(i) the name of each business entity that is a recipient of an economic development program;

(ii) the total amount of tax credits certified, financial assistance paid, and loans forgiven or uncollectible by the Department for each recipient of the tax credit or financial assistance;

(iii) the number of jobs actually created or retained by each recipient;

(iv) the average salary of the jobs created or retained by each recipient;

(v) the amount of capital investment made or project costs incurred by each recipient; and

(vi) a statement indicating whether, during the current reporting year, the Department reduced, revoked, or recaptured a tax credit or any amount of financial assistance from a recipient and, if applicable:

1. the total amount recovered as a result of the reduction, revocation, or recapture, and any penalty assessed; and

2. a justification for the reduction, revocation, or recapture.

(f) If a recipient of assistance from an economic development program is not meeting the requirements of the economic development program, the Department shall implement a process to assist the recipient in meeting the program requirements.

§2.5–109. // EFFECTIVE JUNE 30, 2027 PER CHAPTERS 258 AND 259 OF 2022 //

(a) In this section, “economic development program” means:

(1) the Economic Development Opportunities Program Account established under § 7–314 of the State Finance and Procurement Article;

(2) the Partnership for Workforce Quality Program established under Title 3, Subtitle 4 of this article;

(3) each of the economic development and financial assistance programs established under Title 5 of this article; and

(4) each of the tax credit programs administered by the Department, including:

(i) the Film Production Activity Tax Credit;

(ii) the Job Creation Tax Credit;

(iii) the One Maryland Economic Development Tax Credit;

(iv) the Biotechnology Investment Incentive Tax Credit;

(v) the Research and Development Tax Credit;

(vi) the Security Clearance Administrative Expenses and Construction and Equipment Costs Tax Credit;

(vii) the Innovation Investment Incentive Tax Credit;

(viii) the More Jobs for Marylanders Tax Credit;

(ix) the Purchase of Cybersecurity Technology or Service Tax Credit;

(x) the Opportunity Zone Enhancement Tax Credit;

(xi) the Small Business Relief Tax Credit; and

(xii) any other tax credit program that is administered by the Department under:

1. Title 6 of this article; or

2. Title 10, Subtitle 7 of the Tax – General Article.

(b) The Department shall compile data in accordance with this section on the economic development programs administered by the Department.

(c) On or before December 31, 2013, and each year thereafter, the Department shall submit a report on the economic development programs that were administered by the Department during the previous fiscal year to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(d) (1) The report required under this section shall include the following data, if applicable, on the economic development programs administered by the Department:

(i) the number of jobs created;

(ii) the number of jobs retained;

(iii) the estimated amount of State revenue generated;

(iv) the status of any special fund;

(v) for minority business enterprises, as defined in § 14–301 of the State Finance and Procurement Article:

1. the number of enterprises that received assistance from each economic development program; and

2. the percentage of assistance distributed to each minority business enterprise from each economic development program compared to the total assistance distributed from each economic development program;

(vi) a statement indicating whether, during the current reporting year, the Department reduced, revoked, or recaptured a tax credit or any amount of financial assistance from a recipient and, if applicable:

1. the total amount recovered as a result of the reduction, revocation, or recapture, and any penalty assessed; and

2. a justification for the reduction, revocation, or recapture; and

(vii) any additional information required by the Department through regulations.

(2) The report required under this section shall include data in the aggregate and disaggregated by:

(i) each economic development program; and

(ii) each recipient of assistance from an economic development program.

(3) The report required under this section shall include any additional information required under the law authorizing the economic development program.

(e) The Department shall establish, maintain, and update annually a publicly available database on the Department’s website that:

(1) provides information that is downloadable by the public in a common machine–readable format; and

(2) includes, as applicable:

(i) the name of each business entity that is a recipient of an economic development program;

(ii) the total amount of tax credits certified, financial assistance paid, and loans forgiven or uncollectible by the Department for each recipient of the tax credit or financial assistance;

(iii) the number of jobs actually created or retained by each recipient;

(iv) the average salary of the jobs created or retained by each recipient;

(v) the amount of capital investment made or project costs incurred by each recipient; and

(vi) a statement indicating whether, during the current reporting year, the Department reduced, revoked, or recaptured a tax credit or any amount of financial assistance from a recipient and, if applicable:

1. the total amount recovered as a result of the reduction, revocation, or recapture, and any penalty assessed; and

2. a justification for the reduction, revocation, or recapture.

(f) If a recipient of assistance from an economic development program is not meeting the requirements of the economic development program, the Department shall implement a process to assist the recipient in meeting the program requirements.