§ 5-1303

(a) The Secretary may only designate an area as a BRAC Revitalization and Incentive Zone if the area:

(1) is located within a priority funding area as defined by Title 5, Subtitle 7B of the State Finance and Procurement Article or a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County;

(2) is served by a public or community water and sewer system or planned to be served by a public or community water and sewer system under the approved 10–year water and sewer plan;

(3) is designated for mixed use development that includes residential uses as part of the mix of land uses by the political subdivision; and

(4) has an average density of at least 3.5 units per acre, calculated in accordance with § 5–7B–03 of the State Finance and Procurement Article, in that part of the area designated by the political subdivision for residential use or development.

(b) An area shall receive priority consideration for designation as a BRAC Revitalization and Incentive Zone under this section if the area is within one–half mile of a present or planned:

(1) MARC station along the Penn, Camden, or Brunswick lines;

(2) Baltimore Metro SubwayLink station;

(3) Baltimore Light RailLink station; or

(4) Metrorail system station in the State.

(c) An area may receive priority consideration for designation as a BRAC Revitalization and Incentive Zone under this section if the area is of strategic importance to the economic development interests of a county.

(d) The Secretary shall consider the following factors in determining whether to designate an area as a BRAC Revitalization and Incentive Zone:

(1) whether the area’s designation as a BRAC Revitalization and Incentive Zone is consistent with the political subdivision’s comprehensive plan;

(2) whether the area contains brownfields sites that are capable of redevelopment;

(3) whether the political subdivision has targeted the area for revitalization as provided for in the political subdivision’s comprehensive plan or in another plan or ordinance;

(4) the relationship of the area to a BRAC installation or how the area is impacted by BRAC;

(5) the availability, cost, and condition of business facilities;

(6) the number and age of abandoned structures;

(7) the number and age of substandard structures;

(8) the income of residents relative to the State or regional median incomes, including the number of persons who receive public assistance or are unemployed;

(9) the extent of unemployment and the ability to upgrade the social and economic conditions of the area;

(10) the need for financing for small businesses to upgrade the social and economic conditions of the area;

(11) any plans and financial commitments of local jurisdictions to undertake improvements in the proposed area;

(12) a political subdivision’s participation in revitalization activities including whether the area has been designated an enterprise zone;

(13) the presence of a special taxing district, a historic district listed on the National Register of Historic Places, or a local historic district;

(14) support from community or business organizations;

(15) other revitalization projects undertaken in the proposed area;

(16) a political subdivision’s participation in workforce readiness programs;

(17) a political subdivision’s participation in the creation of affordable and workforce housing options for residents;

(18) whether the political subdivision has acted to provide for the adequate protection and conservation of vital natural resource areas and agricultural areas within the political subdivision’s comprehensive plan or in another local government plan or ordinance;

(19) the presence of sensitive areas, as defined in § 1–101 of the Land Use Article;

(20) a political subdivision’s provision of a breadth of transportation options to improve accessibility and land use that supports transit ridership, walking, and bicycle use; and

(21) the fiscal impact of the designation of the BRAC Revitalization and Incentive Zone on the State.