<?xml version='1.0' encoding='utf-8'?>
<section article="gec" article_name="Economic Development" number="10-646.1" title_number="10" title_name="Statewide Development Resources and Revenue Authorities" subtitle_number="6" subtitle_name="Maryland Stadium Authority">
  <level label="a">
    <text>Except as allowed by § 10–639 of this subtitle, to finance the planning, design, and construction of any segment of a racing facility, the Authority shall comply with this section.</text>
  </level>
  <level label="b">
    <text>At least 45 days before seeking approval of the Board of Public Works for each bond issue or other borrowing, the Authority shall provide, in accordance with § 2–1257 of the State Government Article, to the fiscal committees of the General Assembly a comprehensive financing plan for the relevant racing facility that includes:</text>
    <level label="1">
      <text>the aggregate amount of funds needed for the racing facility to be financed with the proposed bonds;</text>
    </level>
    <level label="2">
      <text>a description of the racing facility to be constructed or renovated;</text>
    </level>
    <level label="3">
      <text>the anticipated total debt service for the proposed bond issue;</text>
    </level>
    <level label="4">
      <text>the anticipated total debt service when combined with the debt service for all prior outstanding bond issues for racing facilities;</text>
    </level>
    <level label="5">
      <text>anticipated project costs of at least $250,000,000 for the Pimlico racing facility and $110,000,000 for the training facility site; and</text>
    </level>
    <level label="6">
      <text>a joint plan between the Maryland Thoroughbred Racetrack Operating Authority and the Department of Housing and Community Development that includes the following investments in and around the Pimlico racing facility site:</text>
      <level label="i">
        <text>racetrack workforce housing;</text>
      </level>
      <level label="ii">
        <text>community commercial revitalization;</text>
      </level>
      <level label="iii">
        <text>community safety;</text>
      </level>
      <level label="iv">
        <text>community workforce development and job training;</text>
      </level>
      <level label="v">
        <text>affordable housing;</text>
      </level>
      <level label="vi">
        <text>homeownership and home preservation;</text>
      </level>
      <level label="vii">
        <text>redevelopment of vacant and blighted housing; and</text>
      </level>
      <level label="viii">
        <text>community beautification.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>A bond issued to finance planning, design, and construction or renovations of or improvements to a racing facility:</text>
      <level label="i">
        <text>is a limited obligation of the Authority payable solely from money pledged by the Authority to the payment of the principal of and the premium and interest on the bond or money made available to the Authority for that purpose;</text>
      </level>
      <level label="ii">
        <text>is not a debt, liability, or a pledge of the faith and credit or the taxing power of the State, the Authority, or any other governmental unit; and</text>
      </level>
      <level label="iii">
        <text>may not give rise to any pecuniary liability of the State, the Authority, or any other governmental unit.</text>
      </level>
    </level>
    <level label="2">
      <text>The issuance of a bond to finance the planning, design, and construction or renovations of or improvements to a racing facility is not directly, indirectly, or contingently a moral or other obligation of the State, the Authority, or any other governmental unit to levy or pledge any tax or make any appropriation to pay the bond.</text>
    </level>
    <level label="3">
      <text>Each bond shall state on its face the provisions of paragraphs (1) and (2) of this subsection.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>In this subsection, “long–term agreement” includes a lease, operating, joint venture, or management agreement with a minimum term established by the Authority.</text>
    </level>
    <level label="2">
      <text>The Authority shall ensure that the following agreements are executed:</text>
      <level label="i">
        <text>subject to paragraph (3) of this subsection, a long–term agreement regarding management and operations of the Pimlico racing facility site; and</text>
      </level>
      <level label="ii">
        <text>agreements between the Authority and project entities for the planning, design, and construction of a racing facility.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, the long–term agreement required under paragraph (2)(i) of this subsection shall:</text>
        <level label="1">
          <text>ensure the continuity of the Preakness Stakes at the Pimlico racing facility site after reconstruction by the Authority; and</text>
        </level>
        <level label="2">
          <text>establish:</text>
        </level>
        <level label="A">
          <text>the right of the thoroughbred racetrack operator to manage and operate the Pimlico racing facility site;</text>
        </level>
        <level label="B">
          <text>the obligation of the thoroughbred racetrack operator to operate, maintain as a first–class facility, in good condition, repair, and secure the Pimlico racing facility site during periods identified in the long–term agreement; and</text>
        </level>
        <level label="C">
          <text>the obligation of the thoroughbred racetrack operator to cooperate with respect to the provision of adequate parking and efficient transportation plans around the Pimlico racing facility site.</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>If thoroughbred racing is no longer a lawful activity, or is otherwise rendered not commercially viable as a result of a change in law or regulation, the parties to the long–term agreement shall notify the Board of Public Works at least 180 days before the expiration or termination of the long–term agreement.</text>
        </level>
        <level label="2">
          <text>The notice required under subsubparagraph 1 of this subparagraph shall contain a plan for alternative uses for the Pimlico racing facility site that provide a necessary or beneficial public purpose and a process for community input that is facilitated by the Pimlico Community Advisory Board.</text>
        </level>
        <level label="3">
          <text>The long–term agreement required under paragraph (2)(i) of this subsection shall provide that if there is a dispute among the parties regarding the existence of the conditions described in subsubparagraph 1 of this subparagraph or the contents of the plan for alternative uses, the Authority is authorized to adjudicate the dispute as a contested case under Title 10, Subtitle 2 of the State Government Article, including authorization to delegate all or a portion of the adjudication to the Office of Administrative Hearings as determined in the sole discretion of the Authority.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="e">
    <text>The Authority may enter into agreements with project entities or local entities for planning, design, and construction of the racing and community development projects at a racing facility site.</text>
  </level>
  <level label="f">
    <text>For fiscal year 2022 and each fiscal year thereafter, until the bonds that have been issued to finance racing facilities are no longer outstanding and unpaid, the Comptroller shall deposit into the Racing and Community Development Financing Fund at least $17,000,000 from the State Lottery Fund under § 9–120(b)(1)(iv) of the State Government Article.</text>
  </level>
  <level label="g">
    <text>If the money deposited in the Racing and Community Development Financing Fund in accordance with subsection (f) of this section is not needed for debt service or debt service reserves, the Authority may transfer those funds to the Racing and Community Development Facilities Fund.</text>
  </level>
  <level label="h">
    <text>If funds are needed for debt service or debt service reserves, the Authority may transfer money in the Racing and Community Development Facilities Fund to the Racing and Community Development Financing Fund.</text>
  </level>
  <level label="i">
    <level label="1">
      <text>For the purpose of the planning, design, construction, and ownership of a racing and community development project under this subtitle, the Authority is the successor entity to the Maryland Thoroughbred Racetrack Operating Authority.</text>
    </level>
    <level label="2">
      <text>For the purpose of the operation of a racing and community development project under this subtitle, the Authority is the successor entity to the Maryland Thoroughbred Racetrack Operating Authority.</text>
    </level>
    <level label="3">
      <text>The Authority may enter into any agreements necessary to carry out the provisions of this section.</text>
    </level>
    <level label="4">
      <text>The thoroughbred racetrack operator:</text>
      <level label="i">
        <text>shall be a nonstock corporation formed under the laws of the State and not operated for profit;</text>
      </level>
      <level label="ii">
        <text>may not be construed to be an agency or instrumentality of the State or a unit of the Executive Branch for any purpose;</text>
      </level>
      <level label="iii">
        <text>may be replaced with another business entity  designated by the Authority in accordance with the terms of the long–term agreement; and</text>
      </level>
      <level label="iv">
        <text>shall reimburse the Authority for the cost of a full–time auditor responsible for overseeing the financial transactions and records relating to racing and community project costs and ongoing operations.</text>
      </level>
    </level>
  </level>
  <level label="j">
    <level label="1">
      <text>The thoroughbred racetrack operator shall prepare accrual basis financial statements at the close of each fiscal year and provide a copy of those financial statements to the Authority annually.</text>
    </level>
    <level label="2">
      <text>The accrual basis financial statements required under paragraph (1) of this subsection shall describe the current financial conditions of the thoroughbred racetrack operator and include a statement of operating profit or loss.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>Subject to subparagraph (ii) of this paragraph, beginning with the first full fiscal year of thoroughbred racing operations at the reconstructed Pimlico racing facility, 10% of the annual net income of the thoroughbred racetrack operator shall be distributed each year to the Pimlico Community Development Authority to be distributed to designated community development organizations assigned to the impacted communities for community development activities outlined in the adopted Pimlico Area Joint Plan.</text>
      </level>
      <level label="ii">
        <text>Before calculating the amount to be distributed under subparagraph (i) of this paragraph, the annual net income of the thoroughbred racetrack operator shall be reduced by contributions from any thoroughbred purse account and the cumulative operating losses carried forward, if any, from the prior years of operation.</text>
      </level>
    </level>
  </level>
</section>
