# Division 18. Community Benefit Requirements

Codified through Bill No. CB-018-2026, adopted May 12, 2026, effective July 24, 2026. Source: Municode, Supplement 2026 Update 2. Editorial notes and legislative history omitted.

## Division 18. Community Benefit Requirements

### Sec. 10-290. Definitions

Prince George's County, Md., Code § 10-290 (2026)

(a) The words defined in this Section shall have the meanings set forth below whenever they appear in this Division unless the context in which they are used clearly requires a different meaning or a different definition is prescribed for a particular provision.

  (1) Community Benefit Agreement means a project-specific, negotiated agreement between one or more developers and a community coalition selected pursuant to Section 10-291 that outlines the project's "community benefits" or commitments to the community.

  (2) Community Coalition means a group of stakeholder representatives selected by eligible community stakeholders pursuant to Section 10-291.

  (3) County assisted development means a development or project that is awarded a public benefit of a value greater than One Million Dollars ($1,000,000) in any twelve (12) month period.

  (4) Eligible community stakeholder means

    (a) a homeowners or civic organization registered with the Maryland-National Capital Park and Planning Commission;

    (b) a tax-exempt entity under Section 501(c) of the United States Internal Revenue Code;

    (c) a parent teacher organization ("PTO"), parent-teacher association ("PTA"), or parent-teacher-student association ("PTSA") affiliated with the Prince George's County Public Schools ("PGCPS"); or

    (d) an incorporated municipal government.

An eligible community stakeholder under 4(a) or 4(b) of this Section must be incorporated at an address or represent homeowners or tenants living at an address that is within a three (3) mile distance of the County assisted development (as measured from the outer boundary of the development site in any direction) for at least twelve (12) consecutive months immediately prior to the County Council's selection of the eligible stakeholders by resolution under Section 10-284. An eligible community stakeholder under 4(c) of this Section must be affiliated at a school that is within a three (3) mile distance of the County assisted development (as measured from the outer boundary of the development site in any direction).

(5) Labor Peace Agreement means an agreement as defined by Section 10-292(c)(1).

(6) Public benefit means contracts, grants, conditional loans, tax abatements, land transfers for public redevelopment, or tax increment financing from a County agency or the County government. This definition also includes grants or conditional loans from a third party that receives more than 50% of its annual budget in the most recent fiscal year from funds received from or administered by a County agency or the County government and indirect grants or conditional loans from a County agency or the County government that are facilitated by a third party. This definition does not include funds from the Community Development Block Grant ("CDBG") program or tax credits awarded under Subtitle 10 of the Code. The application of this definition is subject to the restrictions of federal and state law.

(7) Stakeholder representative means a person selected by an eligible community stakeholder to represent the stakeholder in the community coalition.

### Sec. 10-291. Community Benefit Agreements authorized

Prince George's County, Md., Code § 10-291 (2026)

(a) On a case by case basis, as a condition of a public benefit, the County Executive may require the developer(s) of a County assisted development that is awarded a total public benefit of a value greater than Three Million Dollars ($3,000,000) to enter into a Community Benefit Agreement with the County.

(b) A community coalition, comprised of stakeholder representatives of eligible community stakeholders selected by a resolution proposed by the County Executive to the County Council, shall negotiate a recommendation to the County Council for a Community Benefit Agreement with the developer(s) of a County assisted development. A recommended Community Benefit Agreement may be amended and must be approved by resolution of the County Council, signed by the County Executive, and signed by the developer(s) of a County assisted development in order to become a legally binding Community Benefit Agreement between the County and the developer(s).

  (1) An eligible community stakeholder selected by County Council resolution under this Subsection is entitled to select only one (1) individual to be a stakeholder representative and member of the community coalition on its behalf. The eligible community stakeholder may replace or remove this stakeholder representative from the community coalition at any time.

  (2) A stakeholder representative shall only have one vote on any decision or action made by a community coalition.

  (3) Any vote or other action taken by a community coalition must be made at a public meeting of the community coalition, which shall not occur unless public notice of the meeting has been posted for at least five (5) calendar days.

  (4) An agreement between the developer(s) of the County assisted development and a majority of the community coalition shall be required in order to make a recommendation for a Community Benefit Agreement to the County Council.

  (5) A community coalition is a public body under the applicable laws of Prince George's County, Maryland.

  (6) Other procedures for the operation and function of a community coalition, including the selection and authority of officers of the community coalition, may be set forth in regulations as authorized in Section 10-293.

(c) A community coalition and the developer(s) with whom the coalition is negotiating under this Section shall recommend a Community Benefit Agreement within ninety (90) days of the effective date of the County Council resolution establishing the coalition's community stakeholders pursuant to Subsection (b) of this Section. In the event a community coalition and the developer(s) of a County assisted development subject to this Section do not recommend a Community Benefit Agreement to the County Council within this ninety (90) day period, the County Council may adopt a resolution establishing and approving the terms of the Community Benefit Agreement. Such an agreement must be signed by the County Executive and signed by the developer(s) of the County assisted development subject to this Section in order to become a legally binding Community Benefit Agreement between the County and the developer(s).

(d) The aggregate monetary value of the community benefits required to be proffered in a Community Benefit Agreement by the developer(s) of a County assisted development subject to this Section shall be no greater than ten percent (10%) of the total value of the public benefit awarded to the developer(s) for the County assisted development, as valued by the County's Office of Management and Budget.

(e) A violation of a Community Benefit Agreement by the developer(s) of a County assisted development subject to this Section may result in a fine of up to five percent (5%) of the monetary value of the received public benefit for each violation or, for repeated violations, a complete refund of the value of the received public benefit and cancellation of the remaining public benefit award, as determined by the County Executive or the County Executive's designee. Compliance with this Section shall be included as a condition of the Community Benefit Agreement or the agreement shall be void.

(f) Nothing in this Section shall be interpreted to preclude the inclusion of a Community Benefit Agreement for a development or project not covered by the requirements of this Division.

(g) Any County Council resolution enacted to establish a Community Benefit Agreement under this Section shall be proposed and adopted on the public record at a public hearing in compliance with Section 15-807 of the State Government Article of the Annotated Code of Maryland.

### Sec. 10-292. Labor Peace Agreements authorized

Prince George's County, Md., Code § 10-292 (2026)

(a) Legislative findings and policy.

  (1) In the course of managing real property that it owns or in otherwise carrying out its functions in the public interest, the County may participate in real property developments as a property owner, lessor, proprietor, lender, or guarantor, facing similar risks and liabilities as other business entities participating in such ventures. As a result, the County has an ongoing proprietary interest in these developments and a direct interest in their financial performance.

  (2) The County must make prudent management decisions, similar to any private business entity, to ensure efficient management of its business concerns and to maximize benefits and minimize risks. One risk is the possibility of labor-management conflict.

  (3) A major potential outcome of labor-management conflict is economic action by labor unions against employers. Experience of municipal and other investors demonstrates, for example, that organizing drives pursuant to the formal and adversarial union certification process often deteriorate into protracted and acrimonious labor-management conflict. Labor-management conflict can result in construction delays, work stoppages, picketing, strikes, consumer boycotts, and other forms of adverse economic pressure. Such conflict may adversely affect the County's financial or other proprietary business interests by causing delay in the completion of a project, reducing the revenues or increasing the costs of the project, and by generating negative publicity.

  (4) One method of reducing the risk to the County's proprietary interests is to require, when reasonable and prudent, as a condition of the County's investment or other economic participation in a development project, that employers taking part in the development project seek agreements with labor organizations in which the labor organizations agree to forbear from adverse economic action against the employers' operations.

(b) Determination of need for labor peace agreement.

  (1) For each development project, the County Executive shall determine whether Prince George's County has a proprietary interest in the development project and whether a Labor Peace Agreement would be appropriate. The factors to be taken into account when determining the existence of a proprietary interest will include:

    (A) Through a lease of real property that is owned by Prince George's County and used for the development project, receives ongoing revenue, excluding government fees, tax revenue, or assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in Subparagraphs (B) and (C) of this Paragraph;

    (B) Receives ongoing revenue from the project to repay loans provided by the County to assist in the development of the project, including incremental tax revenues generated by the project;

    (C) Receives ongoing revenue from the project to pay debt service on bonds provided by the County to assist in the development of the project, including incremental tax revenues generated by the project;

    (D) Has significant assets at risk because it has agreed to underwrite or guarantee the development of the project or loans related to the project; or

    (E) Has a significant ongoing economic and nonregulatory interest at risk in the financial success of a project which is likely to be adversely affected by labor-management conflict, except that no interest shall be considered economic and nonregulatory if it arises from the exercise of regulatory or police powers such as taxation (except as set forth in Subparagraphs (B) and (C) of this Paragraph), zoning, or the issuance of permits or licenses.

  (2)

    (A) If the County Executive determines that the County has a proprietary interest at risk in a development, the County Executive shall require that the developer(s) of the project, including the developer(s)' tenants, subtenants, contractors, or subcontractors, demonstrate that they have entered into a labor peace agreement with the labor organization(s) which seek to represent, or might seek to represent, workers on the project, prior to, and as a condition precedent of, the County's award of a public benefit to the development project.

    (B) For the purposes of this Section:

      (i) Contract means a written agreement, including a management agreement, service agreement, loan, bond, guarantee, or other similar agreement, to which the County is a party and in which the County has a proprietary interest;

      (ii) Employer means any person, corporation, company, association, limited or general partnership, joint venture, contractor, subcontractor, or other entity that employs individuals at the site of a development project; provided, that the term "employer" shall not include the United States, Prince George's County, a wholly owned government corporation, a Federal Reserve Bank, or a state or other political subdivision;

      (iii) Labor organization shall have the same meaning as under 29 U.S.C. §152(5).

      (iv) Labor peace agreement means a written agreement between an Employer and a Labor Organization, enforceable under Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185, that contains, at a minimum, (1) a provision prohibiting the Labor Organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the employer's operations in which the County has a proprietary interest, for the duration of the interest; and (2) provides that any services to be performed by employees of the employer's tenants, subtenants, contractors, or subcontractors will also be done under agreements containing the same labor peace assurance.

      (v) Services means construction, janitorial, security (but not national security), building and grounds maintenance, warehousing and distribution, mechanics and truck services, hotel (and any restaurant connected thereto), and grocery sales.

(c) Exceptions. The requirements to enter into a labor peace agreement shall not apply to:

  (1) An employer at the development project that meets the definition of a "small business" pursuant to the Code of Maryland Regulations ("COMAR") 21.01.02.01(80);

  (2) A development project that is not awarded a total public benefit of a value greater than One Million Dollars ($1,000,000);

  (3) A residential development project;

  (4) A development project that receives only conduit bond financing from the County, in which the County does not retain a proprietary interest; or

  (5) A development project involving a historically designated building.

([(d) Reserved.]

(e) Limitations.

  (1) Nothing in this Section requires an employer to recognize a particular labor organization.

  (2) Nothing in this Section requires an employer to enter into a collective bargaining agreement establishing the substantive terms and conditions of employment.

  (3) This Section is not intended to, and shall not be interpreted to, enact or express any generally applicable policy regarding labor-management relations or to regulate those relations in any way.

  (4) This Section is not intended to favor any particular outcome in the determination of employee preference regarding union representation.

  (5) Nothing in this Section permits or requires the County or any employer to enter into any agreement in violation of the National Labor Relations Act of 1935, approved July 5, 1935 (49 Stat. 449; 29 U.S.C.S. § 151 et seq.).

(f) Requirement of County notice. A request for proposals or invitation to bid or similar document regarding a development project subject to this Section shall include a summary description of and reference to the requirements of this Section. Failure to include a description or reference to this Section in the document shall not exempt an employer otherwise subject to the requirements of this Section.

### Sec. 10-293. Regulations authorized

Prince George's County, Md., Code § 10-293 (2026)

The County Executive may promulgate regulations to govern the implementation of this Division, provided that such regulations are consistent with the provisions of this Division. Any such regulations must be approved by the County Council.