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<section number="10-235.20" name="Real and Personal Property Tax Credit for Green Businesses" law="code" slug="sec-10-235.20" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_10FITA_DIV8TAASLECO_SD5JGRBUREPEPRTACR_S10-235.20REPEPRTACRGRBU">
  <level label="a">
    <text>In accordance with the provisions of Section 9-318(f) of the Tax-Property Article of the Annotated Code of Maryland, there is a tax credit against the property tax imposed on real and personal property that is used for a Prince George's based green business that provides green products.</text>
  </level>
  <level label="b">
    <text>For the purposes of this section, the following terms have the meanings:</text>
    <level label="1">
      <text>"Green business" means a business, certified by Prince George's County pursuant to this subdivision, that:</text>
      <level label="i">
        <text>primarily distributes, manufactures, markets, or sells green products;</text>
      </level>
      <level label="ii">
        <text>primarily provides services relating to green products; or</text>
      </level>
      <level label="iii">
        <text>primarily provides research and development relating to green products.</text>
      </level>
    </level>
    <level label="2">
      <text>"Green product" means a product that:</text>
      <level label="i">
        <text>is energy or water efficient;</text>
      </level>
      <level label="ii">
        <text>uses healthy, nontoxic materials;</text>
      </level>
      <level label="iii">
        <text>is made from recycled or renewable resources; or</text>
      </level>
      <level label="iv">
        <text>makes current products more energy efficient.</text>
      </level>
    </level>
    <level label="3">
      <text>"Certified green business" means a business that:</text>
      <level label="i">
        <text>is certified by the appropriate County agency or official in compliance with Section 9-318(f) of the Tax-Property Article of the Annotated Code of Maryland; or</text>
      </level>
      <level label="ii">
        <text>meets a green business guideline or standard adopted pursuant to Green America's Green Business Certification, or other green business certification approved by the Prince George's County Department of Environment, and recognized by Prince George's County.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>The tax credit under this section against the property tax imposed on personal property is only available when it meets each of the following conditions:</text>
    <level label="1">
      <text>All machinery, equipment, materials, and supplies are subject to a tax credit from property tax if consumed in, or used primarily by a green business for green products;</text>
    </level>
    <level label="2">
      <text>The partial exemption shall only apply to property purchased in or transferred into the County after July 1, 2013;</text>
    </level>
    <level label="3">
      <text>The amount of the tax exemption granted herein is equal to fifty percent (50%) of the assessment of the property described in subsection (c)(1), above; and</text>
    </level>
    <level label="4">
      <text>A property tax credit granted hereunder may not be granted for more than five (5) consecutive years.</text>
    </level>
  </level>
  <level label="d">
    <text>The tax credit under this section against the property tax imposed on real property is only available when it meets each of the following conditions:</text>
    <level label="1">
      <text>The portion of the property upon which the tax credit is based is leased, occupied and used exclusively by the green business;</text>
    </level>
    <level label="2">
      <text>The green business is contractually liable to the owner for property taxes; and</text>
    </level>
    <level label="3">
      <text>The owner of the property eligible for a tax credit pursuant to this section is contractually obligated to reduce, by the amount of the tax credit, the amount of taxes for which the green business is otherwise contractually liable.</text>
    </level>
  </level>
  <level label="e">
    <text>For the first tax year in which the green business applies, the real property tax credit shall be in an amount equal to one hundred percent (100%) of the amount of the County property tax imposed on the real property as determined by the Supervisor of Assessment. The tax credit shall be reduced to eighty percent (80%) in the second taxable year, sixty percent (60%) in the third taxable year, forty percent (40%) in the fourth taxable year, twenty percent (20%) in the fifth taxable year and zero percent (0%) each taxable year thereafter. If the subject real property is leased to an eligible green business, the lessor shall reduce by the amount of the tax credit computed under this Section the taxes for which the eligible green business is contractually liable under a lease agreement. A real property tax credit granted hereunder may not be granted for more than five (5) consecutive years.</text>
  </level>
  <level label="f">
    <text>A real or personal property tax credit shall not be granted under this Section if the real or personal property have otherwise been granted a tax credit or exemption under the Tax-Property Article, Annotated Code of Maryland or the County Code for the taxable year;</text>
  </level>
  <level label="g">
    <text>Application for the tax credit established herein shall be made under oath on an application provided by the Director of Finance. The application shall provide a legal description of the property, proof of a properly issued use and occupancy permit applicable to the eligible property, and such other information or documentation as the Director may require to determine whether the applicant can qualify for the tax credit.</text>
  </level>
  <level label="h">
    <text>During the fiscal year, the total of all tax credits granted under this section shall not exceed $1,000,000. Tax credits shall be granted in the order in which the Office of Finance receives the complete application under subsection (g) of the section. If a complete application granted would cause the limit set in this subsection to be exceeded, the tax credit shall be granted in the next fiscal year or years and in the order received.</text>
  </level>
  <level label="i">
    <text>The Director of Finance shall determine the eligibility of the taxpayer for the tax credit and notify the State Department of Assessments and Taxation that a taxpayer has been approved for the property tax credit and the assessed value of the premises.</text>
  </level>
  <level label="j">
    <text>The Director of Finance shall verify that the taxpayer continues to satisfy the applicable thresholds to qualify for the property tax credit by requiring submission of reports by the taxpayer, as the Director deems necessary.</text>
  </level>
  <level label="k">
    <text>The Director of Finance shall provide an annual report to the County Council on the green business real and personal property tax credit on or before December 31st of each year for the previous fiscal year, to include:</text>
    <level label="1">
      <text>the number of applications received;</text>
    </level>
    <level label="2">
      <text>the number of applications denied:</text>
    </level>
    <level label="3">
      <text>the amount of tax credits approved; and</text>
    </level>
    <level label="4">
      <text>the location by Councilmanic district of the number of applications received, denied and the amount of tax credit approved.</text>
    </level>
  </level>
</section>
