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 is a tax-exempt body politic and corporate. The Council is an independent unit that the Governor may not place in a principal department. The Council is a cooperative regional planning and development unit for the region. The purposes of the Council are to: foster the physical, economic, and social development of the region; and use effectively the assistance provided to the region by the State. The Council initiates and coordinates plans and projects for the development of human and economic resources of the region as a western Maryland planning and development unit.

The Council consists of the following 26 members: two commissioners from each member county; the Director of Economic Development from each member county; two mayors from each member county or their representatives, appointed by the commissioners from their respective member county; the chair of each member county’s legislative delegation to the House of Delegates, or the chair’s designee; the two members of the Senate of Maryland representing the member counties in Districts 1 and 2; six private citizens, two from each member county, who are: appointed by their respective commissioners; not listed under item (1), (2), (3), (4), or (5) of this subsection; and neither elected officials nor employees of a unit of local government. A member who qualifies because of the member’s elected or appointed position is a member of the Council only during the member’s term of office in the elected or appointed position. A member appointed: under subsection (a)(3) of this section, serves at the pleasure of the commissioners for the county that the member represents; under subsection (a)(4) of this section, shall reside in the member county that the member represents; and under subsection (a)(6) of this section: serves at the pleasure of the commissioners who appointed the member; and has the same term as the commissioners who appointed the member. At the end of a term, a member continues to serve until a successor is appointed and qualifies. Except for an ex officio member, a member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

There is an Executive Committee of the Council. The Executive Committee consists of the Chair, Vice–Chair, and Secretary/Treasurer of the Council. On a rotating basis, a commissioner member of the Council from each member county shall serve as the Chair, Vice–Chair, and Secretary/Treasurer, respectively. The term of each officer is 1 year.

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.

A member of the Council is not entitled to compensation as a member of the Council.

The Council shall appoint an Executive Director qualified by training and experience. The Executive Director is the chief administrative and planning officer and regular technical advisor of the Council. 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 appoints and removes the staff of the Council. The Executive Director is entitled to the compensation that the Council sets.

With the consent of the Attorney General, the Council may: 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: determine the powers and duties of the staff; and set the compensation of the staff. 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 has the immunity from suit provided in § 5-506 of the Courts Article.

Each year the State shall appropriate money to the Council in the State budget. The State allocation is contingent on the commitment of the participating counties to contribute matching amounts equal to the amount disbursed by the State. On or before August 1 of each year, the Council shall submit its proposed work programs and operating budget for the following fiscal year to the Department. The submission shall include supporting schedules to show that the budget is financed and to provide for review and recommendations. After review, the Department shall forward the submission and any recommendations to the Department of Budget and Management for consideration. The Department shall: review, approve, and confirm the counties’ commitments; and include with its budget request the budget request for the Council. The Governor shall include in the State budget for the following fiscal year an appropriation to partially support the Council. The State and Allegany, Garrett, and Washington counties may jointly finance the Council and its activities. The commissioners of Allegany, Garrett, and Washington counties shall appropriate money each year to the Council to foster cooperative planning and development in the region. Allegany, Garrett, and Washington counties may appropriate any other money for the Council as they consider necessary and appropriate. Other political subdivisions, including special districts, may appropriate money to the Council as they consider necessary and appropriate. The Council may use additional money from any other public or private source.

The Council may operate in the region. Association with the Council is open to all counties, municipal corporations, and special districts in the region. The Council may: adopt a seal; sue; adopt bylaws and rules for the conduct of its business; enter into contracts or agreements; borrow money and accept advances, loans, grants, contributions, and any other form of assistance from the federal government, the State, or other public or private source; give any required security; include in any contract for financial assistance with the federal government any reasonable and appropriate condition imposed under federal laws that is not inconsistent with the purposes of this subtitle; execute any instrument and act as necessary, convenient, or desirable to carry out its powers and the purposes of this subtitle; and monitor, coordinate, and facilitate the activities and policies of any additional programs serving the region, except those subject to State or federal designation. The Council shall: adopt bylaws governing the procedures and policies of its membership; and publish its rules.

The Council may: 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; collect, process, and analyze at regular intervals the social and economic statistics for the region that are necessary to planning studies; and make the results available to the public; participate with other governmental units, educational institutions, and private organizations in the coordination of the research activities; provide information to: units and instrumentalities of the federal, State, and local governments; and the public, in order to: foster public awareness and understanding of the objectives of the plan and the functions of regional and local planning; and stimulate public interest and participation in the orderly, integrated development of the region.

The Council shall cooperate with other units of State government. The Council shall submit for approval each plan or project of the Council in which the State units have a statutory function or responsibility. The Council may: cooperate with and provide planning assistance to local governments, instrumentalities, and planning units in the region; and coordinate regional area planning with: planning activities of the State and of the local governmental units, including special districts, in the region and neighboring areas; and programs of the federal government.

The Council shall prepare, adopt, and periodically revise a general development plan for the region that embodies the policy recommendations of the Council.

The objectives of the plan are to: 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.

The plan shall include: 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.

The Council shall hold a public hearing before adopting all or part of the plan. At least 60 days before the public hearing, the Council shall submit the plan to the Department of Planning and to the local planning commissions, and the governing body of each political subdivision in the region. The Council shall publish notice of the hearing in newspapers of general circulation in each county in the region, at least once each week for 3 weeks before the hearing. On or before the date of the hearing: the Department of Planning may recommend to the Council changes needed in the plan to conform it to State plans and policies; and each local planning commission and governing body of each political subdivision in the region may make recommendations to the Council on the effect of the plan in the political subdivision. 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.

After the Council adopts the plan, the Council may not establish any policy or take an action that does not conform to the plan.

The Council may review: any application that a political subdivision in the region makes: to a unit of the State or federal government for a loan or grant for projects; or through the State Clearinghouse for Intergovernmental Assistance in the Department of Planning; and 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.

In this part, “Bureau” means the Western Maryland Regional Tourism Bureau.

There is a Western Maryland Regional Tourism Bureau in the Council. The purposes of the Bureau are to: develop advertising and marketing programs to disseminate information about the region; stimulate tourism in the region; encourage the development of the region’s recreational areas and facilities; promote business and job opportunities in the region through tourism; develop public awareness of the heritage and history of the region; coordinate and facilitate special events programming for the region; serve as a liaison between the region’s tourism industry, the Governor, the Department, other units of State government, private organizations, and the General Assembly; and advise the Governor, the Department, and the General Assembly on programs affecting the tourism industry.

The Executive Board of the Bureau consists of the following 15 members: from Allegany County: two members appointed by the commissioners; two members appointed by the county Chamber of Commerce; and one member appointed by the members of the Allegany County delegation to the General Assembly from the members of the Council who are in the delegation; from Garrett County: two members appointed by the commissioners; two members appointed from the Deep Creek Lake Garrett County Promotional Council by the commissioners; and one member appointed by the members of the Garrett County delegation to the General Assembly from the members of the Council who are in the delegation; and from Washington County: two members appointed by the commissioners; two members appointed by the county Chamber of Commerce; and one member appointed by the members of the Washington County delegation to the General Assembly from the members of the Council who are in the delegation. The members of the Executive Board serve the terms set in the bylaws of the Bureau. After the initial appointment of the Executive Board, the qualifications and appointment of members are subject to the bylaws of the Bureau.

A member of the Executive Board of the Bureau: 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.

As the Executive Board decides, the budget of the Bureau may consist of private memberships and public contributions.

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: set the number of members of the Board of Directors of the corporation; set a procedure to elect and remove directors; set the compensation of a director; and require the corporation to report periodically to the Bureau on its activities.

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: one representative from District 1, appointed by the Speaker of the House, in consultation with the District 1 delegation to the Maryland General Assembly; one representative from District 1, appointed by the President of the Senate, in consultation with the District 1 delegation to the Maryland General Assembly; one representative from District 2, appointed by the Speaker of the House, in consultation with the District 2 delegation to the Maryland General Assembly; one representative from District 2, appointed by the President of the Senate, in consultation with the District 2 delegation to the Maryland General Assembly; and the Executive Director, as a nonvoting member, except that the Executive Director may vote to break a tie on any item voted by the Board. 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: may not receive compensation as a member of the Board; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The voting members of the Board shall have final approval authority on: disbursements from the Fund; and projects selected in accordance with § 13–740 of this subtitle. 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: may assist in administering the Fund under § 13–739 of this subtitle; shall present the projects selected in accordance with § 13–740 of this subtitle as determined by the voting members of the Board; and shall perform any other duties that the Board directs in carrying out this part.

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. The Fund consists of: appropriations as provided in the State budget; interest or other income earned on the investment of money in the Fund; and any other money accepted for the benefit of the Fund. In each of fiscal years 2024 through 2026, the Governor shall include in the annual operating or capital budget bill an appropriation of at least $10,000,000 to the Fund. Money in the Fund may be used only to: award grants and provide loans in accordance with § 13–740 of this subtitle; and pay the costs necessary to administer the Fund, including paying the salary of the Executive Director. The Fund is a special, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article. The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund. The State Treasurer shall invest the money in the Fund in the same manner as other State money may be invested. Any investment earnings of the Fund shall be credited to the Fund.

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: a capital infrastructure project that: is linked to economic development in the region, as approved by the Board; and receives 20% matching funds from the member county where the project is located, another local entity, a private business, or a combination thereof; a business development project that: encourages and promotes downtown neighborhood revitalization, small business tourism, or other areas as approved by the Board; and receives 10% matching funds from the member county where the project is located, another local entity, a private business, or a combination thereof; or any other project that the Board determines is appropriate to promote economic development in the region. The Board shall develop criteria to review, evaluate, and rate project proposals for funding under this part. The criteria in subparagraph (i) of this paragraph shall ensure that the project: except as provided in item 2 of this subparagraph, creates or retains at least 25 jobs; creates or retains at least 10 jobs each with wages that exceed 120% of the State minimum wage; or creates significant population growth in the county or municipality in which the project is located, as certified in writing to the Board by the county commissioners for the member county or the municipal government for the municipality in which the project is located. The Board shall choose which projects to award grants and loans to based on the criteria developed in accordance with paragraph (1) of this subsection. The Board or the Executive Director shall distribute grants and loans to projects based on the decisions made by the Board in accordance with subparagraph (i) of this paragraph. The Board or the Executive Director shall monitor and track the progress of each project that receives funding under this part. If the Board determines that sufficient progress is not being made toward achieving the requirements of this section, the Board may reclaim the awarded funds. 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: the number of new projects funded during the previous year; the number of projects that were completed during the previous year; the number of ongoing projects that were not completed during the previous year; the amount and type of funding received by each project; the current status of each ongoing project; and any other relevant economic metrics determined by the Board.

The Board shall adopt regulations to carry out this part.