Economic Development (GEC) — Title 5. Economic Development and Financial Assistance Programs

The Department may not deny a business entity conducting a trade or a business as a medical cannabis grower, processor, or dispensary or any other cannabis establishment licensed by the State a program benefit under this title solely because the business entity is a cannabis establishment, if the business entity otherwise satisfies the requirements of the program, including any industry sector specific requirements.

If, before July 1, 2023, a business entity described under paragraph (1) of this subsection was denied a program benefit under this title solely because the business entity was a cannabis establishment, the business entity may reapply for the program.

in the Department or subject to its control; and

used to provide financial support of any kind.

in the Department or subject to its control; and

used to provide financial support of any kind.

invest in a specialized small business investment company created in accordance with the federal Small Business Investment Act of 1958; and

to the extent allowed by federal law, do anything necessary or convenient to fully participate in the formation and operation of a specialized small business investment company.

the Enterprise Fund established under Subtitle 6 of this title; and

the Maryland Small Business Development Financing Authority established under Subtitle 5 of this title.

In this section the following words have the meanings indicated.

“Extraordinary economic development opportunity” means the:

“Fund” means the Strategic Closing Fund.

“Private sector enterprise” means any commercial, industrial, educational, or research organization which is not a part of or controlled by a federal, State, or local government agency.

The Fund is a continuing, nonlapsing fund which is not subject to § 7–302 of the State Finance and Procurement Article.

The Treasurer shall separately hold, and the Comptroller shall account for, the Fund.

The Fund shall be invested and reinvested in the same manner as other State funds.

Any investment earnings shall be credited to the General Fund of the State.

Money appropriated or credited to the Fund does not revert to the General Fund of the State.

Repayments of principal or interest on any loan from the Fund shall be retained to the credit of the Fund.

The Department shall include the following information in the report that is required under § 2.5–109 of this article:

On receipt of the information that is required to be reported under this subsection, the Legislative Policy Committee shall have 60 days to review and comment on the information provided by the Department under paragraph (1) of this subsection, during which time the Department shall provide any additional information regarding the Fund as requested by the Legislative Policy Committee.

Except as provided in paragraph (2) of this subsection and in subsection (i) of this section, any funds transferred from the Fund shall be used only for extraordinary economic development opportunities that:

The Department may utilize the Fund to pay for administrative, legal, or actuarial expenses incurred by the Department.

The Legislative Policy Committee may approve an economic development opportunity that is not an extraordinary economic development opportunity if the executive agency requesting the transfer of funds offers a detailed justification for the exception.

The Legislative Policy Committee shall give particular consideration to an exception that would provide a significant economic development opportunity for an area of the State that has a relatively high unemployment rate or relatively low per capita income.

The Department may modify the guidelines for the kinds of performance requirements that may be negotiated with the loan or grant as needed, upon approval of the Legislative Policy Committee.

The Department may depart from these guidelines as needed, upon approval of the Legislative Policy Committee.

assisting in the retention or expansion of existing private sector enterprises, public or private institutions, or federal research and development institutes;

assisting in the establishment or attraction of private sector enterprises, public or private institutions, or federal research and development institutes new to this State; or

providing assistance where existing State or local programs lack sufficient resources or are constrained by timing or program design from being utilized.

Before funds from the Fund may be loaned, granted, or invested in accordance with subsection (k) of this section, the Department shall provide, subject to § 2–1257 of the State Government Article, to the Legislative Policy Committee:

The Legislative Policy Committee shall have 60 days to review the information provided under paragraph (1) of this subsection and approve the proposed use of funds before funds from the Fund may be loaned, granted, or invested in accordance with subsection (k) of this section.

substituting for funds from other State or local programs for which a project may be eligible and sufficient resources exist;

projects which are not likely to attract or retain employment opportunities;

funding projects located outside the State;

construction or land acquisition by the Maryland Stadium Authority; or

funding for any sports activity or facility.

This subsection does not apply to financial assistance used solely for the purpose of acquiring real property or structures on real property.

With respect to financial assistance under this section to a political subdivision:

The Department may require that a recipient of financial assistance under this section submit to the Department a list, or an updated list, of the minority business enterprises from which goods or services were procured and the nature and dollar amount of the goods or services.

“Working capital” means money for current operations of a business.

“Working capital” includes money for supplies, materials, labor, equipment, rent, software, marketing, insurance, and fees for professional services.

The Department shall administer the Fund.

The Secretary may:

The Fund consists of:

This subtitle does not require an appropriation to the Fund from the General Fund of the State, regardless of the availability of other funding sources for the Fund.

The Fund shall be used to:

A loan to an eligible company under this subtitle may include:

Subject to the restrictions of this subtitle, the Department may make a loan from the Fund to an applicant only if:

The Treasurer shall invest the money of 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.

The Treasurer shall submit a report each year to the Department on:

a detailed strategic business plan;

the amount of money required for the activities described in the strategic business plan;

the money available to the applicant without financial assistance from the Department;

the amount of financial assistance requested from the Department;

information relating to the financial status of the applicant, including, if applicable:

any other relevant information that the Department requests.

determine whether to approve loan requests from qualified applicants for loans under this subtitle;

set the terms and conditions for loans made under this subtitle; and

determine that the applicant was unable to obtain the financing necessary for the activities on affordable terms through the normal lending channels.

the interest rate on the loan;

the amount of the loan;

repayment provisions for the loan; and

any other provision that the Department determines is necessary, including a provision on taking liens and security interests in real or personal property.

withhold further advances of loan proceeds until the loan recipient complies with the agreement or requirements; or

exercise any other remedy provided in the loan documents.

If a loan made under this subtitle is in default, the Department may foreclose on a mortgage or deed of trust held as security for the loan in the manner provided under the Maryland Rules for foreclosures in private transactions.

The Department may take title in the Department’s name to any property foreclosed and convey title to a bona fide purchaser.

in an application or document provided to the Department; or

to influence Department action affecting financial assistance, whether or not the assistance already has been extended.

located in an arts and entertainment district; and

dedicated to the visual or performing arts.

“Associated development and carrying costs” means costs that are associated with the acquisition and maintenance of an asset.

“Associated development and carrying costs” includes:

“Brownfields site” means a property that:

“Brownfields site” does not include property that is owned or operated by:

is determined by the Department or Authority to provide a valuable economic development opportunity to the jurisdiction in which the project is located; and

is a priority for and endorsed by the governing body of that jurisdiction.

a county;

a municipal corporation;

a designated agency or instrumentality of a county; or

a designated agency or instrumentality of a municipal corporation.

an aquaculture project;

an arts and entertainment enterprise;

an arts and entertainment project;

the redevelopment of a qualified brownfields site; or

a project to create or expand a child care facility.

concurrently as members of the Authority and the Maryland Industrial Development Financing Authority; or

as members of either authority alone.

aquaculture projects;

arts and entertainment enterprises;

arts and entertainment projects; and

creation and expansion of child care facilities;

The Fund is a special, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article.

The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

a requirement that the Department receive a proportion of cash flow, commissions, royalties, or license fees;

the repurchase from the Department of any of its investment interest; or

the sale of an appreciated asset;

Brownfields Revitalization Incentive Fund;

Child Care Facilities Direct Loan Fund;

Child Care Special Loan Fund;

Maryland Industrial and Commercial Redevelopment Fund;

Maryland Industrial Land Fund;

Maryland Seafood and Aquaculture Loan Fund; and

Smart Growth Economic Development Infrastructure Fund; and

provide financial assistance to eligible applicants; and

pay expenses for administrative, actuarial, legal, and technical services for the Fund.

the equitable distribution among the counties of money from the Fund;

adequate funding for Tier I county projects; and

that no particular Tier I county benefits disproportionately from financial assistance to Tier I counties under this subtitle.

Financial assistance from the Fund not exceeding $5,000,000 may be approved by the Secretary.

Except as provided in paragraph (3) of this subsection, financial assistance from the Fund exceeding $5,000,000 requires approval by the Authority.

For a Tier I county project, the Secretary may approve financial assistance exceeding $5,000,000.

the Department shall evaluate the requests; and

the Authority shall:

Except as provided in paragraph (2) of this subsection, financial assistance provided to a local government or the Corporation for a project shall be approved by a letter from or formal resolution of:

If the recipient of financial assistance is the Corporation for a Tier I county project, the financial assistance shall be approved by letters from or formal resolutions of both the board of directors of the Corporation and the governing body of the jurisdiction in which the project is located.

A project that is funded by a grant from the Fund to a local government or the Corporation, and carried out by the local government or the Corporation, shall be consistent with the strategy or plan for economic development of the county or municipal corporation in which the project is located.

If the Department provides financial assistance to a local government for a project, an interest in that project is later transferred to a third party, and the transfer of the interest is financed by the local government:

a letter from or formal resolution of the governing body of the jurisdiction in which the project is located that endorses the financial assistance to be provided from the Fund; and

as determined by the Department or Authority to evidence the support of the local government for the project:

a local economic development fund that meets the criteria set forth in Part V of this subtitle; or

an individual, private business, nonprofit entity, or local government, or the Corporation that intends to use the requested financial assistance for a project that:

is located in a Tier I county; or

the information that the Department or Authority considers necessary to evaluate the request for financial assistance; and

for a Tier I county project:

After consulting with the Department and the Maryland Department of Labor, each year the Maryland Economic Development Commission shall:

Each year the Authority shall:

In determining whether an applicant is engaged in an eligible industry sector, the Department shall consider the definitions set forth in the North American Industry Classification System.

For the purpose of providing financial assistance under this subtitle, the following are deemed to be in eligible industry sectors:

The requirements specifically imposed on significant strategic economic development opportunities and local economic development opportunities under this subtitle do not apply to the items listed in paragraph (1) of this subsection.

construction or acquisition of a building or real property, and associated development and carrying costs;

construction, acquisition, or installation of equipment, furnishings, fixtures, leasehold improvements, site improvements, or infrastructure improvements, including rail line enhancements on or to the site of an economic development project, and associated development and carrying costs;

working capital for significant strategic economic development opportunities, arts and entertainment enterprises, or arts and entertainment projects;

redevelopment of qualified brownfields sites;

subject to § 5-325(b)(3) of this subtitle, construction, purchase, or renovation of real property, fixtures, or equipment related to a child care facility;

if supported by a resolution adopted by the governing body of the jurisdiction in which a project may be located, feasibility studies;

subject to § 5-325(b)(4) of this subtitle, preparation of a county’s or municipal corporation’s strategy or plan for economic development; and

a project intended to assist businesses in areas that are declared to be federal disaster areas, but only if the Department receives an application for financial assistance within 1 year after the declaration of the federal disaster area.

$7,500,000 for a loan or investment; and

$5,000,000 for a grant.

Financial assistance provided to a local government or the Corporation to finance a project may be:

Financial assistance for a Tier I county project may be in an amount determined by the Department.

A grant to a local economic development fund is subject to the requirements of Part V of this subtitle.

provided to an individual, private business, nonprofit entity, or local government, or the Corporation;

in the form of a grant, loan, or investment; and

in an amount determined by the Department or Authority.

Except as provided in paragraph (2), (3), or (4) of this subsection, financial assistance from the Fund may not exceed 70% of the total costs of the project being financed.

Financial assistance from the Fund may constitute 100% of the total costs of the project being financed if:

Financial assistance for preparation of a strategy or plan for economic development of a county or municipal corporation may not exceed:

This section applies to financial assistance that exceeds $100,000.

This section does not apply to financial assistance that is used solely to acquire real property or structures on real property.

If a local government that receives financial assistance has a program for promoting procurement opportunities among minority businesses that is acceptable to the Department, the local government shall apply the requirements of that program to procurement made with the proceeds of financial assistance.

If the local government does not have a program that is acceptable to the Department under paragraph (1) of this subsection, the local government is subject to subsection (d) of this section.

An entity other than a local government, or a local government in accordance with subsection (c)(2) of this section, that receives financial assistance shall agree to include in the agreement providing the financial assistance a provision acceptable to the Department that would encourage the procurement from minority business enterprises of goods or services purchased with the proceeds from the financial assistance.

In negotiating the provision required under paragraph (1) of this subsection, the Department shall take into account relevant factors, including:

the average rate of unemployment for the local jurisdiction in comparison to the average rate of unemployment for the State;

whether the local government currently administers a local economic development fund;

the ability of the local government to leverage private money;

the level of financial commitment provided by the local government; and

any other factors that the Department or Authority considers relevant.

Subject to paragraph (2) of this subsection, during each fiscal year a county may not receive more than $250,000 under this part.

For purposes of the limitation under paragraph (1) of this subsection:

to provide loans or loan guarantees, or to subsidize the interest rate on loans, for financing economic development projects; or

to provide loans to small businesses.

submitting to the Department a list of potential brownfields sites in the county or municipal corporation, ranked in the order of priority for redevelopment that the county or municipal corporation recommends; and

updating each year the list submitted under item (i) of this item; or

enacting legislation granting property tax credits in accordance with § 9-229 of the Tax - Property Article; and

notifying the Department of the legislation.

has not already applied to participate in the Program;

is otherwise eligible to participate in the Program; and

meets the eligibility requirements that the Department sets.

the property of the State, if the assessment is financed wholly or partly by:

the property of the person who contracted for the assessment, if the assessment is financed by:

any other financial assistance under this subtitle; or

the tax credits provided under § 9-229 of the Tax - Property Article.

participate in the Voluntary Cleanup Program; or

implement a corrective action plan under Title 4 of the Environment Article.

participate in the Voluntary Cleanup Program; or

implement a corrective action plan under Title 4 of the Environment Article.

is located in a densely populated urban center and is substantially underutilized; or

is an existing or former industrial or commercial site that poses a threat to public health or the environment.

the feasibility of redevelopment;

the public benefit to the community and the State through the redevelopment of the property;

the extent of releases or threatened releases at the brownfields site and the degree to which the cleanup and redevelopment of the brownfields site will protect public health or the environment;

the potential to attract or retain manufacturing or other economically significant employers;

the absence of identifiable and financially solvent responsible persons; or

any other factor relevant and appropriate to economic development.

applies to participate in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article; or

receives approval from the Department of the Environment to implement a corrective action plan under Title 4 of the Environment Article.

The Department shall notify the person whether the person qualifies for financial assistance for the redevelopment of a brownfields site within 30 days after the Department receives a request under subsection (c) of this section if:

The notice shall specify which of the criteria in subsection (b) of this section that the person meets.

the Department of the Environment, the Department of Planning, and relevant local officials;

the neighboring community and any citizens groups located in the community;

representatives of State and local environmental organizations;

public health experts; and

any other person the Department considers appropriate.

federal money allocated or granted for child care special loans, including child care and development block grant money;

private money donated or granted to the Fund for child care special loans;

premiums, fees, interest payments, and principal payments on child care special loans made with federal money;

proceeds from the sale, disposition, or lease of collateral that relates to child care special loans;

any other money made available for child care special loans; and

any federal money for child care special loans that are used by the Department to pay costs of administering the child care special loans.

a detailed description of the proposed or existing child care facility;

an itemization of known and estimated costs;

the total amount of money required to expand or improve child care services at the child care facility;

the money available to the applicant without a child care special loan from the Department;

the amount of money sought from the Department;

evidence of the inability of the applicant to obtain the financing necessary for the child care facility on affordable terms through normal lending channels;

information that relates to the financial status of the applicant, including, if applicable:

a lease, option to buy, deed, or evidence that the applicant is legally entitled to remain at the child care facility for at least the term of the loan.

operate the child care facility for at least the term of the child care special loan; and

repay the outstanding child care special loan in full on the loss of license, termination of lease, or transfer, sale, or refinancing of the child care facility, as applicable, before the end of the term of the child care special loan.

The minimum amount of a child care special loan is $1,000.

The maximum amount of a child care special loan is $10,000.

the rate of interest on the child care special loan;

the amount of the child care special loan;

a requirement that before each disbursement of loan proceeds is released to the applicant, the applicant and the Department cosign the request for the money;

provisions for repayment of the child care special loan; and

any other provisions that the Department determines are necessary, including provisions to take liens and security interests in real and personal property.

to assist the applicant in meeting applicable State and local child care standards;

to pay for minor renovations, and to upgrade child care facilities, to ensure that applicants meet State and local child care standards; or

to purchase and install equipment and furniture, including equipment needed to accommodate children with special needs.

to purchase or improve land; or

to purchase, construct, or improve a building or facility.

“Authorized purpose obligation” means an evidence of obligation issued, offered for sale, or delivered by any person or public body for any purpose that the Authority determines will accomplish the purposes of this subtitle.

“Authorized purpose obligation” includes:

“Bond” means a bond or note that is issued and sold by a public body, unit, or instrumentality of the State to finance a facility or refund an outstanding bond.

“Bond” includes:

electrical or mechanical power; and

energy used for industrial, commercial, heating or cooling purposes, including:

is used primarily to carry on a for–profit or nonprofit business;

is not residential; and

is not used primarily to manufacture or produce raw materials, products, or agricultural commodities.

an energy audit performed for the purposes of Title VII of the Energy Policy and Conservation Act, 42 U.S.C. §§ 6201 through 6422; or

an onsite inspection of a commercial building, an industrial building, or an industrial process to determine and provide information on:

“Energy project” means a project that qualifies under § 5-445 of this subtitle.

“Energy project” includes:

“Facility” has the meaning stated in § 12-101 of this article.

“Facility” includes an energy project.

a person located outside the United States; or

a governmental unit of a country other than the United States.

“Industrial building” means a building that:

“Industrial building” does not include a commercial building or a residential building.

a process used to produce or manufacture goods or products; or

the storage or shipment of materials, goods, or products.

unemployment conditions exist in many areas of the State;

the acquisition and improvement of facilities are essential to relieve this unemployment and establish a balanced economy in the State;

the health, safety, welfare, and right of gainful employment of residents throughout the State will be promoted by the acquisition and improvement of facilities;

the control or abatement of environmental pollution in the State, including noise pollution, is necessary to:

public ports in the State are valuable assets and any improvements to these ports that increase the import and export of waterborne commerce will directly benefit residents throughout the State;

businesses need greater access to capital markets; and

the availability of financial assistance under this subtitle will promote the economic development of the State.

relieve unemployment in the State;

encourage the increase of industry and commerce and a balanced economy in the State;

help retain and attract industry and commerce through measures including:

promote economic development;

protect natural resources and encourage resource recovery;

encourage the creation and expansion of day care facilities in the State; and

promote the health, safety, and welfare of residents throughout the State.

work to increase the utilization of the programs and funds established under the Authority to assist minority and women–owned businesses in the State; and

consider incentives to encourage the use of the Authority’s credit insurance services.

Subject to paragraph (2) of this subsection, the Authority shall develop and implement a marketing plan to increase awareness of the Authority’s credit insurance services.

The marketing plan implemented under paragraph (1) of this subsection shall identify methods to increase the utilization of the Authority’s credit insurance services by community banks and other financial institutions that make loans to historically disadvantaged businesses and businesses in rural areas of the State.

The Authority consists of the following nine members:

An ex officio member may designate a representative to serve on the Authority.

have substantial experience in business or economic development; and

reflect the geographic, racial, ethnic, and gender makeup of the State.

The term of an appointed member is 5 years.

The terms of the appointed members are staggered as required by the terms provided for members of the Authority on October 1, 2008.

At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.

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.

concurrently as members of the Authority and the Maryland Economic Development Assistance Authority; or

as members of either authority alone.

From among its members, the Authority shall elect a chair and a vice chair.

The Executive Director serves as secretary of the Authority.

Five members of the Authority are a quorum.

An affirmative vote of at least four members is needed for the Authority to act.

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

is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

With the approval of the Secretary, the Authority shall appoint an Executive Director.

The Executive Director serves at the pleasure of the Authority, with the concurrence of the Secretary.

The position of Executive Director is a special appointment under the State Personnel and Management System.

direct and supervise the administrative affairs and technical activities of the Authority;

attend the meetings of the Authority;

record the minutes of the proceedings of the Authority;

approve all accounts for salaries, per diem payments, and allowable expenses of the Authority, its employees, and its consultants;

approve all expenses incidental to the operation of the Authority;

in cooperation with the Department, submit to the Authority reports and recommendations related to proposed financial assistance under this subtitle; and

perform the other duties that the Secretary or the Authority requires to carry out this subtitle.

adopt bylaws for the conduct of its business;

adopt a seal;

maintain offices in the State;

sue and be sued in its own name;

retain consultants;

use the services of other governmental agencies;

in accordance with the purposes of this subtitle, contract for and accept a loan or grant from the federal government or the State, a local government, or any of their units or instrumentalities;

acquire, improve, manage, operate, dispose of, or otherwise deal with property, take assignments of rentals and leases, and make contracts, leases, agreements, and arrangements that are necessary or incidental to the performance of the Authority’s duties, on the terms and conditions that it may consider advisable;

acquire or receive assignment of a document executed, obtained, or delivered in connection with financial assistance under this subtitle;

subject to any outstanding agreement the Authority makes under this subtitle, make a covenant or other agreement regarding the Authority’s insurance funds, establish within them accounts to carry out this subtitle, and allocate revenue and receipts among the accounts;

fix, charge, and collect a premium, fee, cost, or other expense related to financial assistance under this subtitle, including an application fee, commitment fee, program fee, finance charge, and publication fee;

authorize the chair, vice chair, or Executive Director to perform, on behalf of the Authority, a duty or prescribe, specify, determine, or approve a detail, document, procedure, or a matter that the Authority, in its sole discretion, determines appropriate to carry out this subtitle; and

do all things necessary or convenient to carry out the powers granted by this subtitle.

keep records of its funds and accounts; and

ensure that its funds and accounts are audited annually.

for administrative, legal, actuarial, and other services;

related to:

of providing other financial assistance under this subtitle.

money appropriated in the State budget to the Fund;

premiums, fees, and any other money received by the Authority with respect to financial assistance provided by the Authority from the Fund;

proceeds from the sale, lease, or other disposition of property of the Authority;

interest received from linked deposits made from the Linked Deposit Program under Part VI of this subtitle; and

any other money made available under this subtitle.

invest the money in the Fund in the same manner as other State money may be invested; and

credit any investment earnings to the Fund.

the Authority and the Secretary find that more money is needed to keep the reserves of the Fund at an adequate level; and

the Secretary consents to the request.

insure the payment of any of the principal of, redemption or prepayment premiums or penalties on, and interest on:

pay or insure the payment of fees or premiums for insurance, guarantees, or other credit support in connection with financial assistance under this subtitle.

that the acquisition or improvement of a facility will not result in:

if the acquisition or improvement will result in removal or abandonment, that the acquisition or improvement will:

insure the payment of any of the principal of, redemption or prepayment premiums or penalties on, and interest on authorized purpose obligations; and

pay or insure the payment of fees or premiums for insurance, guarantees, or other credit support in connection with financial assistance under this subtitle.

that the transaction will not result in:

if the transaction will result in removal or abandonment, that the transaction will:

for an export–related financing transaction, 90% of the total of the principal of, redemption or prepayment premiums or penalties on, and interest on the authorized purpose obligation; or

for a transaction other than an export–related financing transaction, 80% of the total of the principal of, redemption or prepayment premiums or penalties on, and interest on the authorized purpose obligation.

The Authority may issue its bonds without the consent of any other unit of State government, any proceedings, or the occurrence of any conditions, other than those expressly required by this subtitle.

The failure of the Authority to notify the Board of Public Works under paragraph (2)(i) of this subsection does not affect the validity or enforceability of bonds, findings or determinations, or agreements of the Authority.

When the Authority issues bonds, it is in the public interest that the Authority try to achieve a goal that 10% of the facility users are minority business enterprises as defined in § 14-301 of the State Finance and Procurement Article.

The failure of the Authority to achieve the goal set out under paragraph (1) of this subsection does not affect in any way the validity or enforceability of bonds, findings or determinations, or agreements of the Authority.

This subsection does not apply to insurance that the Authority provides.

A bond the Authority issues and the interest on the bond are limited obligations of the Authority.

Except for bond anticipation notes and notes in the nature of commercial paper, the principal of, premium, and interest on a bond are payable solely from:

Bonds and the interest on them:

A bond may state on its face that the bond:

is subject to concurrence of the Secretary, the Secretary’s designee, or the chair of the Authority;

shall comply with the requirements of this subtitle; and

is binding on the Authority.

The Authority shall participate in financial assistance programs for energy projects provided by the federal Energy Security Act, P.L. 96-294.

For purposes of that Act, the Authority is a “person” as defined in:

In this section the following words have the meanings indicated.

“Transportation facility” means a transportation facility that is used exclusively to transport fuel produced by a fuel production facility to:

an energy conservation project;

a solar energy project;

the construction of a facility to produce solar energy equipment;

the construction of a facility or portion of a facility to:

the conversion of any facility to use renewable fuel;

the expansion or improvement of a facility that increases its capacity or efficiency to use renewable fuel;

the acquisition and improvement of equipment for use in a facility specified in items (4) through (6) of this subsection;

the acquisition or improvement of land for a facility specified in items (4) through (6) of this subsection;

the purchase, construction, or installation of a facility or equipment to use groundwater as a heat source for a heating system or as a heat sink for an air conditioning system;