(a) The future success of Montgomery County related to education, infrastructure, public safety, public welfare, and quality of life is: (1) built on a vibrant and growing economy; (2) successful businesses creating this economy; and (3) government fostering a legislative and regulatory environment which encourages business success. (b) To achieve these goals, the County Government may designate a nonprofit corporation as the Montgomery County Economic Development Corporation (Corporation) to implement the County’s economic development programs and activities.

(a) The County Council must designate, by resolution approved by the County Executive, a single nonprofit corporation which complies with all requirements and criteria of this Article as the Montgomery County Economic Development Corporation. If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes. (b) To continue to qualify as the County’s Economic Development Corporation, the Corporation’s articles of incorporation and bylaws must comply with all requirements of this Article. (c) Any designation under this Section expires at the end of the fifth full fiscal year after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section. (d) The Council at any time may suspend or revoke the designation of a corporation as the County’s Economic Development Corporation by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

(a) To qualify as the Montgomery County Economic Development Corporation, the Corporation’s Board of Directors must have 13 voting members appointed by the County Executive and confirmed by the County Council. The immediate past chair of the Corporation’s Board of Directors and the chief executive officer of the County’s Workforce Development Organization must be ex-officio, non-voting members of the Corporation’s Board of Directors. The Corporation’s Board of Directors must include one non-voting member appointed by the County Executive; and one non-voting member appointed by the County Council; and should have one non-voting member appointed by the Maryland Secretary of Commerce. (b) Each voting member serves a 3-year term. The individual terms of the voting members must be staggered. Of the voting members first appointed, four must be appointed for a 1-year term, four must be appointed for a 2-year term, and three must be appointed for a 3-year term. The Executive may extend the term of a voting member first appointed for an additional 6 months or less to coincide with the end of a fiscal year. A voting member appointed to fill a vacancy serves the rest of the unexpired term. A voting member continues in office until his or her successor is appointed and confirmed. (c) Each voting member must be either a resident of the County or a senior manager in a for- profit or nonprofit entity that has a significant presence in the County. (d) A member must not be paid for service on the Board but may be reimbursed for necessary travel expenses. (e) A member is not subject to Chapter 19A because of serving on the Board. The Corporation’s bylaws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees. The bylaws must include: (1) a prohibition against self-dealing and collusive practices; (2) a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation that would create a conflict of interest; (3) a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests; (4) appropriate remedies for a violation of the bylaws, including removal or termination; and (5) a policy to protect whistleblowers. (f) Notwithstanding any inconsistent provision of County Code Section 19A-21, a member of the Board of Directors or a staff member of the Corporation who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy. (g) The Board must direct the program, management, and finances of the Corporation.

(a) To qualify as the County’s Economic Development Corporation, the Corporation’s articles of incorporation must provide for the appointment of the members of its board of directors as set forth in this Article. The articles of incorporation must also provide that the Corporation is: (1) a Maryland nonprofit, non-stock corporation the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501; (2) not an instrumentality of the County; (3) incorporated for the purpose of serving as the County’s Economic Development Corporation and implementing the County’s economic development strategic plan, adopted under Section 20-76, and related programs. These programs must include: (A) attracting and retaining businesses; (B) facilitating economic, industrial, and commercial development in the County; (C) encouraging investment in commerce, industries, and businesses in the County; (D) promoting job growth and talent attraction, in coordination with the Montgomery County Workforce Development Board; (E) advising and informing County officials on economic development matters; (F) providing services to resident businesses in the County, including business retention, counseling, business planning, and other services to maintain and grow the existing economic base; (G) stimulating and nurturing the development of new business; (H) supporting minority, female, and disabled owned businesses, including assisting minority, female, and disabled owned businesses to gain access to capital; and (I) promoting the development of a vital and balanced economy. (4) organized and operated under the laws of the State of Maryland; and (5) headquartered in the County. (b) The Corporation’s bylaws may contain any provision necessary to govern and manage the Corporation that does not conflict with this Article. The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code. (c) The bylaws must require the Corporation to comply with the Maryland Open Meetings law and the Maryland Public Information Act.

(a) Duties of the Montgomery County Economic Development Corporation. Beginning no later than July 1, 2021 and each fourth year thereafter, the Montgomery County Economic Development Corporation (Corporation) must submit a draft Economic Development Strategic Plan to the Executive and the Council. The draft Economic Development Strategic Plan should include relevant economic development measures and input from partner agencies and organizations, such as the Planning Board and the County’s Workforce Development Organization. (b) Duties of the Executive. Beginning no later than September 1, 2021 and each fourth year thereafter, the Executive must submit to the Council any recommended revisions to the draft Economic Development Strategic Plan submitted by the Corporation. (c) Duties of the Council. (1) After receiving the draft Economic Development Strategic Plan from the Corporation, the Council must hold a public hearing on the draft Plan. (2) Beginning on December 1, 2021 and each fourth year thereafter, the Council must adopt, by resolution, an Economic Development Strategic Plan. (d) Contents of the Plan. The Economic Development Strategic Plan should be consistent with the Council’s Economic Development Platform approved by Resolution No. 19-300 and must include metrics to assess the County and its partners’ ability to address relevant economic development measures including: (1) creation of jobs; (2) growing wages; (3) identifying and supporting strategic industries; (4) retention and attraction of new companies and employers; (5) growing the tax base; (6) supporting and increasing entrepreneurial activity; and (7) other actions necessary to promote economic development in the County. (e) Two-year Update. Beginning no later than July 1, 2023 and every fourth year thereafter, the Corporation may submit amendments to the approved Economic Development Strategic Plan based on new information since the Council adoption of the previous Plan. The Executive may comment and the Council may approve, after holding a public hearing, an amended Economic Development Strategic Plan. (f) Outcomes. The desired outcomes of the Economic Development Strategic Plan should include: (1) a thriving and diversified economy; (2) racial equity and social justice; (3) greater innovation; and (4) environmental sustainability, including a reduction in climate change. (g) Reporting. The corporation must report to the Council periodically on the implementation of the Strategic Plan.

(a) The Montgomery County Economic Development Corporation must recommend economic development programs and associated performance measures to the Executive and Council each year to advance the policy objectives and perform the activities listed in Section 15A-1. (b) In its economic development programs, the Corporation should collaborate with the Montgomery County Workforce Development Board to advance the County’s economic development strategic plan adopted under Section 15A-4A. (c) The Corporation’s economic development programs may include a plan for sponsorship of private investment, marketing, and advocacy initiatives. (d) The Corporation may administer, as part of a microenterprise development strategy, a culturally proficient microlending program under which: (1) loans must not exceed $15,000; (2) loans must only be issued to Montgomery County residents: (A) who have resided in Montgomery County for at least 180 days before the loan application is made; (B) whose business is headquartered in Montgomery County; and (C) lack access to traditional means of capital financing; (3) loan recipients must participate in educational and technical assistance provided by the program; (4) non-County funds may be used as a source for capital and program administration; and (5) materials and assistance are provided in multiple languages reflective of the County’s population. (e) The Board and staff must meet with the Executive and the Council at least annually regarding the Corporation’s activities and finances.

(a) The Office of Management and Budget, the Department of Finance, and other departments of County government and County-funded agencies, if the Board of Directors requests, should provide relevant economic data to the Corporation. The research division of the Planning Board must provide research support to the Corporation to the extent assigned by the Planning Board’s work program, as approved by the Council. (b) The Corporation may also raise public and private funds and may accept services from any source consistent with its purposes. (c) The Corporation must: (1) make public data sets available on the web to: (A) improve public knowledge of the Corporation and its operations; (B) further its mission; or (C) increase its accountability and responsiveness; and (2) provide the Executive and Council, upon request, all non-confidential data produced and received by the Corporation, including research, economic data, and minutes of Board meetings.

The Board of Directors must report annually on the activities and finances of the Corporation and provide an audited financial statement of the Corporation to the Executive and Council by November 1 of each year. The report must also include: (a) the Corporation’s plan to solicit and receive additional public and private funding for its operations; and (b) information on the microlending program including: (1) the number of microloans issued during the prior fiscal year by dollar value of the loan; (2) a description of how each loan was used; (3) loan repayments received; (4) the rate of repayment; and (5) non-County funds leveraged to support the program.

(a) The success of Montgomery County’s economic development goals is dependent upon a comprehensive and demand-driven system of workforce development that: (1) meets the talent attraction, development, and retention needs of strategic industries; (2) meets the needs of the underemployed and unemployed; and (3) develops career pathways that lead to sustainable wage jobs to support a thriving economy. (b) To achieve these goals, the County Government may designate a nonprofit corporation or a public educational institution or both, as the County’s Workforce Development Organization to implement the County’s workforce development policies established by the Workforce Development Board.

(a) The Council must designate, by resolution approved by the Executive, a single nonprofit corporation or a public educational institution, or both, which complies with all requirements of this Article as the County’s Workforce Development Organization. If the Executive disapproves the resolution within 10 days after receiving it, the Council may readopt the resolution with at least 6 affirmative votes. (b) To continue to qualify as the County’s Workforce Development Organization, a nonprofit Corporation’s articles of incorporation and bylaws must comply with all requirements of this Article. (c) Any designation under this Section expires at the end of the fifth full fiscal year after the resolution is adopted unless the Council extends the designation by adopting another resolution under this Section. (d) The Council at any time may suspend or revoke the designation of a corporation or a public educational institution, or both, as the County’s Workforce Development Organization by resolution, adopted after at least 15 days public notice that is approved by the Executive, or, if the Executive disapproves the resolution within 10 days after receiving it, is readopted by a vote of at least 6 Councilmembers.

(a) The chief executive officer of the Workforce Development Organization must serve as the executive director of the County’s Workforce Development Board and the staff of the Workforce Development Organization must also staff the County’s Workforce Development Board. (b) Each voting member of the Board of Directors of a nonprofit corporation designated as the County’s Workforce Development Organization must be either a resident of the County or a senior manager in a for-profit or nonprofit entity that has a significant presence in the County. (c) A member must not be paid for service on the Board of Directors of a nonprofit corporation designated as the County's Workforce Development Organization but may be reimbursed for necessary travel expenses. (d) A member of the Board of Directors of a nonprofit corporation is not subject to Chapter 19A because of serving on the Board. The Workforce Development Organization’s bylaws or other governing laws must protect against any conflict of interest or similar impropriety by members of the Board of Directors or the Executive Director or any other employees. The bylaws or other governing laws must include: (1) a prohibition against self-dealing and collusive practices; (2) a provision for the disclosure of a financial or similar interest of any person in any matter before the corporation that would create a conflict of interest; (3) a provision establishing conditions under which a person is disqualified from participating in decisions or other actions in which there is a conflict between the person’s official duties and private interests; (4) appropriate remedies for a violation of the bylaws, including removal or termination; and (5) a policy to protect whistleblowers. (e) Notwithstanding any inconsistent provision of County Code Section 19A-21, a member of the Board of Directors or a staff member of the Workforce Development Organization who engages in legislative, administrative, or executive advocacy as part of that person’s duties is not required to register as a lobbyist under Article V of Chapter 19A because of that advocacy. (f) The Board of Directors of a nonprofit corporation or the governing body of a public educational institution must direct the program, management, and finances of the Workforce Development Organization.

(a) To qualify as the County’s Workforce Development Organization, a nonprofit Corporation’s articles of incorporation must provide that the Corporation is: (1) a Maryland nonprofit, non-stock corporation, the purposes and activities of which are limited to those that are permitted to be promoted or performed by a corporation that is recognized as exempt from federal income tax under 26 U.S.C. § 501, as amended; (2) not an instrumentality of the County; (3) incorporated for the purpose of serving as the County’s Workforce Development Organization and implementing the County’s workforce development policies, as established by the Workforce Development Board; (4) organized and operated under the laws of the State of Maryland; and (5) headquartered in the County. (b) The bylaws of a nonprofit corporation designated as the County’s Workforce Development Organization may contain any provision necessary to govern and manage the Corporation that does not conflict with this Article. The Corporation may exercise all powers and is subject to all requirements which apply to non-stock corporations under the Corporations and Associations Article of the Maryland Code. (c) A public educational institution designated as the County’s Workforce Development Organization must be created under the laws of Maryland and headquartered in the County.

(a) The Workforce Development Organization must recommend workforce development programs and associated performance measures to the Executive, Council, and Workforce Development Board each year to advance the policy objectives listed in Section 15A-8. (b) The Workforce Development Organization’s workforce development programs may include a plan for sponsorship of private investment, marketing, and advocacy initiatives. (c) The Workforce Development Organization should make every effort to include in its workforce development programs a pre-apprenticeship job training program that: (1) is designed to prepare individuals to enter and succeed in an apprenticeship program registered by the Maryland Apprenticeship and Training Council; and (2) includes: (A) training and curriculum that prepares participants with the skills and competencies to enter one or more of the Maryland-registered apprenticeship programs that prepare workers for careers in the clean energy and environment industry, including jobs related to: (i) renewable energy; (ii) energy efficiency; (iii) energy storage; (iv) resource conservation; (v) environmental protection; and (vi) advanced transportation; (B) a documented strategy for increasing apprenticeship opportunities for underemployed and unemployed individuals; and (C) rigorous performance and evaluation methods to ensure program efficacy and continuous improvement. (d) The Workforce Development Organization’s governing body and staff must meet with the Executive, the Council, and the Workforce Development Board at least annually regarding the Workforce Development Organization’s activities and finances.

(a) The Office of Management and Budget, the Department of Finance, and other departments of County government and County-funded agencies, if the Workforce Development Organization’s Board of Directors or governing body requests, should provide relevant economic data to the Organization. The research division of the County Planning Board must provide research support to the Organization to the extent approved by the Council as part of the Planning Board’s work program. (b) The Workforce Development Organization may raise public and private funds and may accept services from any source consistent with its purposes. (c) The Workforce Development Organization must: (1) make public data sets available on the web to: (A) improve public knowledge of the Organization and its operations; (B) further its mission; or (C) increase its accountability and responsiveness; and (2) provide the Executive, the Council, and the Workforce Development Board, upon request, all non-confidential data produced and received by the Organization, including research, economic data, and minutes of Board meetings.

The Workforce Development Organization’s Board of Directors or governing body must report annually on the activities and finances of the Organization and provide an audited financial statement of the Organization to the Executive, the Council, and the Workforce Development Board by November 1 of each year. The report must also include the Organization’s plan to solicit and receive additional public and private funding for its operations.