Economic Development (GEC) — Title 13. Regional Development Resources

In this subtitle the following words have the meanings indicated.

“Act” means the federal Appalachian Regional Development Act of 1965.

“Commission” means the federal Appalachian Regional Commission.

“Program” means the federal Appalachian Regional Development Program.

The Department may:

Subject to subsection (b) of this section, the Governor shall be a member of the Commission.

The Governor or the Governor’s designee may:

In this subtitle the following words have the meanings indicated.

“Board” means the Southern States Energy Board.

“Compact” means the Southern States Energy Compact.

There is hereby created an agency of the party states to be known as the “Southern States Energy Board” (hereinafter called the board). The board shall be composed of three members from each party state, one of whom shall be appointed or designated in each state to represent the governor, the state senate, and the state house of delegates, respectively. Each member shall be designated or appointed in accordance with the law of the state which the member represents and serving and subject to removal in accordance with such law. Any member of the board may provide for the discharge of the member’s duties and the performance of the member’s functions thereon (either for the duration of the membership or for any lesser period of time) by a deputy or assistant, if the law of the member’s state makes specific provision therefore. The federal government may be represented without vote if provision is made by federal law for such representation.

Each party state shall be entitled to one vote on the board, to be determined by majority vote of each member or member’s representative from the party state present and voting on any question. No action of the board shall be binding unless taken at a meeting at which a majority of all party states are represented and unless a majority of the total number of votes on the board are cast in favor thereof.

The board shall have a seal.

The board shall elect annually, from among its members, a chairman, vice–chairman, and a treasurer. The board shall appoint an executive director who shall serve at its pleasure and who shall also act as secretary, and who, together with the treasurer, shall be bonded in such amounts as the board may require.

The executive director, with the approval of the board, shall appoint and remove or discharge such personnel as may be necessary for the performance of the board’s functions irrespective of the civil service, personnel or other merit system laws of any of the party states.

The board may establish and maintain, independently or in conjunction with any one or more of the party states, a suitable retirement system for its full–time employees. Employees of the board shall be eligible for Social Security coverage in respect of old–age and survivors insurance provided that the board takes such steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency or unit. The board may establish and maintain or participate in such additional programs of employee benefits as may be appropriate.

The board may borrow, accept, or contract for the services of personnel from any state of the United States or any subdivision or agency thereof, from any interstate agency, or from any institution, person, firm or corporation.

The board may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials, and services (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm, or corporation, and may receive, utilize and dispose of the same.

The board may establish and maintain such facilities as may be necessary for the transacting of its business. The board may acquire, hold, and convey real and personal property and any interest therein.

The board shall adopt bylaws, rules, and regulations for the conduct of its business, and shall have the power to amend and rescind these bylaws, rules, and regulations. The board shall publish its bylaws, rules, and regulations in convenient form and shall file a copy thereof, and shall also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.

The board annually shall make to the governor of each party state, a report covering the activities of the board for the preceding year, and embodying such recommendations as may have been adopted by the board, which report shall be transmitted to the legislature of said state. The board may issue such additional reports as it may deem desirable.

The board shall submit to the executive head or designated officer or officers of each party state a budget of its estimated expenditures for such period as may be required by the laws of that jurisdiction for presentation to the legislature thereof.

Each of the board’s budgets of estimated expenditures shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. One half of the total amount of each budget of estimated expenditures shall be apportioned among the party states in equal shares; one quarter of each such budget shall be apportioned among the party states in accordance with the ratio of their populations to the total population of the entire group of party states based on the last decennial federal census; and one quarter of each such budget shall be apportioned among the party states on the basis of the relative average per–capita income of the inhabitants in each of the party states based on the latest computations published by the federal census–taking agency. Subject to appropriation by their respective legislatures, the board shall be provided with such funds by each of the party states as are necessary to provide the means of establishing and maintaining facilities, a staff of personnel, and such activities as may be necessary to fulfill the powers and duties imposed upon and entrusted to the board.

The board may meet any of its obligations in whole or in part with funds available to it under Article II (h) of this compact provided that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article II (h) hereof, the board shall not incur any obligation prior to the allotment of funds by the party jurisdictions adequate to meet the same.

The board shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the board shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the board shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the board.

The accounts of the board shall be open at any reasonable time for inspection.

ascertain and analyze on a continuing basis the position of the South with respect to energy, energy–related industries, and environmental concerns.

encourage the development, conservation, and responsible use of energy and energy–related facilities, installations, and products as part of a balanced economy and healthy environment.

collect, correlate, and disseminate information relating to civilian use of energy and energy–related materials and products.

conduct, or cooperate in conducting, programs of training for state and local personnel engaged in any aspect of:

organize and conduct, or assist and cooperate in organizing and conducting, demonstrations of energy product, material, or equipment use and disposal and of proper techniques or processes for the application of energy resources to the civilian economy or general welfare.

undertake such nonregulatory functions with respect to sources of radiation as may promote the economic development and general welfare of the region.

study industrial, health, safety, and other standards, laws, codes, rules, regulations, and administrative practices in or related to energy and environmental fields.

recommend such changes in, or amendments or additions to the laws, codes, rules, regulations, administrative procedures and practices or ordinances of the party states in any of the fields of its interest and competence as in its judgment may be appropriate. Any such recommendation shall be made through the appropriate state agency with due consideration of the desirability of uniformity but shall also give appropriate weight to any special circumstance which may justify variations to meet local conditions.

prepare, publish and distribute (with or without charge) such reports, bulletins, newsletters or other materials as it deems appropriate.

cooperate with the United States Department of Energy or any agency successor thereto, any other officer or agency of the United States, and any other governmental unit or agency or officer thereof, and with any private persons or agencies in any of the fields of its interest.

act as licensee of the United States government or any party state with respect to the conduct of any research activity requiring such license and operate such research facility or undertake any program pursuant thereto.

ascertain from time to time such methods, practices, circumstances, and conditions as may bring about the prevention and control of energy and environmental incidents in the area comprising the party states, to coordinate the nuclear, environmental, and other energy–related incident prevention and control plans and the work relating thereto of the appropriate agencies of the party states and to facilitate the rendering of aid by the party states to each other in coping with energy and environmental incidents. The board may formulate and, in accordance with need from time to time, revise a regional plan or regional plans for coping with energy and environmental incidents within the territory of the party states as a whole or within any subregion or subregions of the geographic area covered by this compact.

To the extent that the board has not undertaken an activity or project which would be within its power under the provisions of Article V of this compact, any two or more of the party states (acting by their duly constituted administrative officials) may enter into supplementary agreements for the undertaking and continuance of such an activity or project. Any such agreement shall specify its purpose or purposes; its duration and the procedure for termination thereof or withdrawal therefrom; the method of financing and allocating the costs of the activity or project; and such other matters as may be necessary or appropriate. No such supplementary agreement entered into pursuant to this article shall become effective prior to its submission to and approval by the board. The board shall give such approval unless it finds that the supplementary agreement or the activity or project contemplated thereby is inconsistent with the provisions of this compact or a program or activity conducted by or participated in by the board.

Unless all of the party states participate in a supplementary agreement, any cost or costs thereof shall be borne separately by the states party thereto. However, the board may administer or otherwise assist in the operation of any supplementary agreement.

No party to a supplementary agreement entered into pursuant to this article shall be relieved thereby of any obligation or duty assumed by said party state under or pursuant to this compact, except that timely and proper performance of such obligation or duty by means of the supplementary agreement may be offered as performance pursuant to the compact.

permit or require any person or other entity to avoid or refuse compliance with any law, rule, regulation, order or ordinance of a party state or subdivision thereof now or hereafter made, enacted or in force.

limit, diminish, or impair jurisdiction exercised by the United States Department of Energy, any agency successor thereto, or any other federal department, agency or officer pursuant to and in conformity with any valid and operative act of Congress.

alter the relations between and respective internal responsibilities of the government of a party state and its subdivisions.

permit or authorize the board to exercise any regulatory authority or to own or operate any nuclear reactor for the generation of electric energy; nor shall the board own or operate any facility or installation for industrial or commercial purposes.

Any or all of the states of Alabama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia, West Virginia, the Commonwealth of Puerto Rico, and the United States Virgin Islands shall be eligible to become party to this compact.

As to any eligible party state, this compact shall become effective when its legislature has enacted the same into law: Provided that it shall not become initially effective until enacted into law by seven states.

Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall become effective until the governor of the withdrawing state shall have sent formal notice in writing to the governor of each other party state informing said governors of the action of the legislature in repealing the compact and declaring an intention to withdraw.

The three members of the board from the State are as follows:

In this subtitle the following words have the meanings indicated.

“Council” means the Baltimore Metropolitan Council.

“Region” means the area that includes all of Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County.

There is a Baltimore Metropolitan Council.

The Council:

The purposes of the Council are to:

The Council consists of:

A member appointed under subsection (a)(1) through (7) of this section serves at the pleasure of the appointing authority.

A member of the Council:

The Council may:

The Council shall report annually to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

There is a Baltimore Region Transportation Board.

The Board serves as the metropolitan planning organization for federal funding and certification as required by federal law.

The Board consists of:

The membership of the Council is open to any resident of the State who has an interest in improving the quality of life in rural areas of the State and chooses to join the Council.

The Council shall include:

From among its members, the Council shall elect each year a chair and one or more vice chairs.

The Council shall adopt bylaws for the conduct of its business.

The Executive Board shall include:

Members of the Executive Board shall be selected and serve in accordance with the bylaws of the Council.

The Council may expand the membership of the Executive Board through the bylaws of the Council.

The chair of the Council is the chair of the Executive Board.

The Council shall employ an Executive Director.

The Executive Director:

The Executive Director serves at the pleasure of the Executive Board.

The State Department of Agriculture shall provide the Council with necessary staff support and resources, including office space.

Each unit in the Executive Branch of State government shall participate in the deliberations of the Council and work with the Council on matters relating to the unit.

The Attorney General is the legal advisor to the Council.

Division I of the State Personnel and Pensions Article;

Division II of the State Finance and Procurement Article, except as otherwise provided in § 11-203(b) of the State Finance and Procurement Article; and

Title 10, Subtitle 1 of the State Government Article.

The Governor shall include in the budget of the State Department of Agriculture funding for the Council.

The Secretary of Agriculture shall include without revision the budget request of the Council in the budget request of the State Department of Agriculture that is provided to the Department of Budget and Management.

The Council may undertake any activity that addresses issues and concerns of rural areas of the State as long as the activity is not inconsistent with provisions of the Farm Security and Rural Investment Act of 2002 regarding the National Rural Development Partnership and state rural development councils, 7 U.S.C. § 2008m.

The Council may:

The General Assembly finds that:

There is a Rural Readiness Program administered by the Council.

The Board consists of the following members:

The Board shall elect a chair from among its members.

The Board shall adopt bylaws to carry out this subtitle.

assist in the deployment of broadband communication infrastructure in rural and underserved areas of the State;

cooperate with public, private, and nonprofit entities to obtain, coordinate, and disseminate resources for the establishment of broadband communication services in rural and underserved areas of the State;

review and approve the disbursement of funds under the Rural Broadband Assistance Fund under § 6.5–107 of the Housing and Community Development Article and any other federal, State, and private financial resources that may be provided to assist the establishment of broadband communication services in rural and underserved areas of the State; and

perform other functions that are consistent with the intent of this subtitle.

provide staff support to the Board; and

report on the activities of the Board in the preceding fiscal year in the Council’s annual report under § 13–416 of this title.

In this subtitle the following words have the meanings indicated.

“Commissioners” means the Board of County Commissioners of Calvert County, Charles County, or St. Mary’s County, respectively.

“Council” means the Tri-County Council for Southern Maryland.

“Executive Director” means the Executive Director of the Council.

“Plan” means a regional plan that the Council prepares for the region.

“Region” means Calvert, Charles, and St. Mary’s counties.

There is a Tri–County Council for Southern Maryland.

The Council consists of:

The Council shall establish committees to conduct its work.

The membership of a committee may include individuals who are not Council members or elected officials.

The Executive Director serves at the pleasure of the Council.

The Council shall establish the powers and duties of the Executive Director.

The Executive Director is entitled to the compensation that the Council sets.

The Council may employ a staff and retain professional consultants.

The Council shall:

The Executive Director may make agreements with local planning units in the region for temporary transfer or joint use of staff.

The State and Calvert, Charles, and St. Mary’s counties may jointly finance the Council and its activities.

The Council may accept additional money from any other public or private source.

In this section, “property manager” means an entity responsible for the management and maintenance of real property, including:

The Council may operate in the region.

The Council may:

The Council shall publish its rules.

Subject to subsections (b) and (c) of this section, in order to accomplish the purposes of this subtitle, the Council may use any money available to it to finance the purchase or lease of property only by:

If the Council determines that money should be used to finance the purchase or lease of property under subsection (a) of this section, the Council, in accordance with State procurement law, shall:

prepare studies of the region’s resources with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matters relevant to regional planning;

participate with other governmental units, educational institutions, and private organizations in the coordination of the research activities; and

provide information to:

The Council may:

guide a coordinated, adjusted, efficient, and economic development of the region in a manner that will best promote the health, safety, order, convenience, prosperity, and welfare of the residents of the region in accordance with present and future needs and resources;

provide for patterns of urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture, and tourism;

create conditions favorable to the development of human resources;

identify the public interest and the necessity for public action and intergovernmental cooperation and coordination in the region; and

coordinate with efforts of the private sector in the region.

a statement of the objectives, standards, and principles sought to be expressed in the plan;

recommendations for the most desirable pattern and intensity of general land use in the region in the light of the best available information concerning natural environmental factors, the present and prospective economic and demographic basis of the region, and the relation of land use in the region to land use in adjoining areas;

recommendations for the general circulation pattern for the region including land, water, and air transportation and communication facilities, used for movement within the region or to and from adjoining areas;

recommendations on the need for and proposed general location of public and private works and facilities that, because of their function, size, extent, or for any other reason, are of a regional rather than a purely local concern;

recommendations for the long–range programming and financing of capital projects and facilities;

recommendations for meeting the housing needs of existing and prospective immigrant populations of the region;

recommendations for the development of programs and improvements in the region for health services, manpower planning, employment opportunity, education, elimination of poverty, and law enforcement; and

any other appropriate recommendations on current and impending problems that may affect the region.

On or before the date of the hearing:

The Council shall reevaluate the plan for the development of the region at least every 4 years, after the election of State and local officials.

The Council may review:

Before applying to a unit of the State or federal government for a loan or grant for a project, a political subdivision in the region shall submit the application to the Council for its review.

The Council shall forward its findings and determinations to the referring political subdivision and to the appropriate State or federal unit.

a governmental unit in the region may not adopt a plan, or amendment to a plan, having a regional impact until the plan is referred to the Council for its consideration, review, and recommendations; and

a road, park, public way, public building, or other development that is regional in nature or affects an area greater than a single unit of government may not be constructed or authorized in the region until the proposed location and its extent are referred to the Council for consideration, review, and recommendations.

In this subtitle the following words have the meanings indicated.

“Commissioners” means the Board of County Commissioners of Allegany County, Garrett County, or Washington County, respectively.

“Council” means the Tri–County Council for Western Maryland.

“Executive Director” means the Executive Director of the Council.

“Member county” means each county in the region that pays annual dues that the Council sets.

“Plan” means a regional plan that the Council prepares for the region.

“Region” means Allegany, Garrett, and Washington counties.

There is a Tri-County Council for Western Maryland.

The Council consists of the following 26 members:

There is an Executive Committee of the Council.

The Executive Committee consists of the Chair, Vice–Chair, and Secretary/Treasurer of the Council.

The Council shall establish committees to conduct its work.

The membership of a committee may include individuals who are not Council members or elected officials.

The Executive Director serves at the pleasure of the Council.

The Executive Director is entitled to the compensation that the Council sets.

select and retain its own counsel; or

use the Attorney General as its legal counsel.

The Council may employ a staff and retain professional consultants.

The Council shall:

The Executive Director may contract for professional or consultant services.

The Executive Director may make agreements with local planning or economic development units in the region for temporary transfer or joint use of staff.

The Council may use additional money from any other public or private source.

The Council may:

The Council shall:

prepare studies of the region’s resources with respect to existing and emerging problems of industry, commerce, transportation, population, housing, agriculture, public services, local governments, and any other matter relevant to regional planning;

participate with other governmental units, educational institutions, and private organizations in the coordination of the research activities;

provide information to:

The Council may:

guide a coordinated, adjusted, efficient, and economic development of the region in a manner that will best promote the health, safety, order, convenience, prosperity, and welfare of the residents of the region in accordance with present and future needs and resources;

provide for patterns of urbanization and the uses of land and resources for trade, industry, recreation, forestry, agriculture, and tourism;

create conditions favorable to the development of human resources;

identify the public interest and the necessity for public action and intergovernmental cooperation and coordination in the region;

coordinate with the efforts of the private sector in the region;

recognize any State comprehensive planning and development activities;

reflect the plans and programs of the participating governmental units; and

take into account economic and demographic factors, conditions, and trends that are relevant to the future development of the region.

a statement of the objectives, standards, and principles sought to be expressed in the plan;

recommendations for the general circulation pattern for the region including land, water, and air transportation and communication facilities used for movement within the region or to and from adjoining areas;

recommendations on the need for and proposed general location of public and private works and facilities that because of their function, size, extent, or for any other reason are of a regional rather than a purely local concern;

recommendations for the long-range programming and financing of capital projects and facilities;

recommendations for meeting housing needs of existing and prospective immigrant population of the region;

recommendations for the development of programs and improvements in the region for health services, manpower planning, employment opportunity, education, elimination of poverty, and law enforcement;

the identification of issues that need to be resolved between local governments and make appropriate recommendations concerning these issues;

the promotion of regional concerns; and

any other appropriate recommendations on current and impending problems that may affect the region.

On or before the date of the hearing:

The Council shall reevaluate the plan for the development of the region at least every 4 years.

The Council may amend the plan in the same manner that it adopts the original plan.

The Council need not follow the procedure used to adopt the original plan in order to revise the plan as necessary and appropriate for a statistical and informational update.

any application that a political subdivision in the region makes:

a local plan, proposal for a project, or ordinance that may have an impact outside the boundary of the political subdivision or in the region.

There is a Western Maryland Regional Tourism Bureau in the Council.

The purposes of the Bureau are to:

The Executive Board of the Bureau consists of the following 15 members:

is not entitled to compensation as a member of the Executive Board; but

is entitled to reimbursement for expenses under the Standard State Travel Regulations.

The Bureau may establish officers, procedures, and voting requirements.

The Bureau may employ a staff in accordance with its bylaws.

The Bureau may establish a private, nonprofit corporation to assist the Bureau.

Subject to the Corporations and Associations Article, the Bureau shall determine the powers and duties of the corporation.

The Bureau may:

In this part the following words have the meanings indicated.

“Board” means the Western Maryland Economic Future Investment Board established under § 13–737 of this subtitle.

“Executive Director” means the Executive Director of the Board.

“Fund” means the Senator George C. Edwards Fund established under § 13–739 of this subtitle.

There is a Western Maryland Economic Future Investment Board.

The Board consists of the following members:

The voting members of the Board may elect a chair from among the Board’s members.

The Council shall provide staff for the Board.

A member of the Board:

The voting members of the Board shall have final approval authority on:

A member of the Maryland General Assembly may not serve as a member of the Board.

The Board shall appoint an Executive Director.

The Executive Director serves at the pleasure of the Board.

The salary of the Executive Director may not exceed $75,000.

The Executive Director shall manage the administrative affairs and technical activities of the Board, in accordance with policies and procedures the Board establishes.

The Executive Director:

There is a Senator George C. Edwards Fund.

The purpose of the Fund is to provide grant or loan funding to create jobs and significant economic development opportunities in the region.

The Council shall administer the Fund.

Money in the Fund may be used only to:

A member county or local entity within a member county may submit a proposal for funding under this part.

To qualify for funding, a project shall be:

The funding provided in this section shall be used to supplement and not supplant any funds that would otherwise be provided to the Board or the member counties.

On or before December 31 each year, the Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the implementation of this part.

The report required in subsection (a) of this section shall include, disaggregated by member county:

In this subtitle the following words have the meanings indicated.

“Commissioner” means a member of the Board of County Commissioners of Somerset County or Worcester County or a member of the County Council of Wicomico County.

“Council” means the Tri-County Council for the Lower Eastern Shore of Maryland.

“Executive Director” means the Executive Director of the Council.

“Region” means Somerset, Wicomico, and Worcester counties.

There is a Tri-County Council for the Lower Eastern Shore of Maryland.

Council membership is not an office of profit.

The Council may employ an executive director.

The Executive Director serves at the pleasure of the Council.

select and retain its own legal counsel; or

use the Attorney General as its legal counsel.

The State and Somerset, Wicomico, and Worcester counties may jointly finance the Council and its activities.

The Council may accept additional money from any other public or private source.

In this subtitle the following words have the meanings indicated.

“Commissioner” means a member of the Board of County Commissioners of Caroline County or a member of the County Council of Dorchester County or Talbot County.

“Council” means the Mid-Shore Regional Council.

“Executive Director” means the Executive Director of the Council.

“Region” means Caroline, Dorchester, and Talbot counties.

There is a Mid–Shore Regional Council.

Council membership is not an office of profit.

The Council may employ an Executive Director.

The Executive Director serves at the pleasure of the Council.

select and retain its own counsel; or

use the Attorney General as its legal counsel.

The State and Caroline, Dorchester, and Talbot counties may jointly finance the Council and its activities.

The Council may accept additional money from any other public or private source.

In this subtitle the following words have the meanings indicated.

“Commissioner” means a member of the Board of County Commissioners of Cecil County, Kent County, or Queen Anne’s County.

“Council” means the Upper Shore Regional Council.

“Executive Director” means the Executive Director of the Council.

“Region” means Cecil, Kent, and Queen Anne’s counties.

There is an Upper Shore Regional Council.

Council membership is not an office of profit.

The Council may employ an Executive Director.

The Executive Director serves at the pleasure of the Council.

select and retain its own legal counsel; or

use the Attorney General as its legal counsel.

The State and Cecil, Kent, and Queen Anne’s counties may jointly finance the Council and its activities.

The Council may accept additional money from any other public or private source.

Each member of the Advisory Committee shall be a member of the general public and reside in the county from which the member is appointed.