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<section article="gec" article_name="Economic Development" number="5-1501" title_number="5" title_name="Economic Development and Financial Assistance Programs" subtitle_number="15" subtitle_name="Small, Minority, and Women-Owned Businesses Account">
  <level label="a">
    <text>In this section, “eligible fund manager” means:</text>
    <level label="1">
      <text>an entity that has significant financial or investment experience, under criteria developed by the Department; and</text>
    </level>
    <level label="2">
      <text>includes an entity that the Department designates to manage funds received under subsection (c)(1) of this section.</text>
    </level>
  </level>
  <level label="b">
    <text>There is a Small, Minority, and Women–Owned Businesses Account under the authority of the Department.</text>
  </level>
  <level label="c">
    <level label="1">
      <text>The Account shall receive money as required under § 9–1A–27 of the State Government Article.</text>
    </level>
    <level label="2">
      <text>Money in the Account shall be invested and reinvested by the Treasurer and interest and earnings shall accrue to the Account.</text>
    </level>
    <level label="3">
      <text>The Comptroller shall:</text>
      <level label="i">
        <text>account for the Account; and</text>
      </level>
      <level label="ii">
        <text>on a properly approved transmittal prepared by the Department, issue a warrant to pay out money from the Account in the manner provided under this section.</text>
      </level>
    </level>
    <level label="4">
      <text>The Account is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text>
    </level>
    <level label="5">
      <text>Expenditures from the Account shall only be made on a properly approved transmittal prepared by the Department as provided under subsection (d) of this section.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <level label="i">
        <text>Subject to the provisions of paragraph (2) of this subsection, the Department shall make grants to eligible fund managers to provide investment capital and financial assistance to small, minority, and women–owned businesses in the State.</text>
      </level>
      <level label="ii">
        <level label="1">
          <text>Financial assistance provided by eligible fund managers shall be in the form of:</text>
        </level>
        <level label="A">
          <text>a loan; or</text>
        </level>
        <level label="B">
          <text>subject to subsubparagraph 2 of this subparagraph, a grant.</text>
        </level>
        <level label="2">
          <text>Financial assistance in the form of a grant:</text>
        </level>
        <level label="A">
          <text>may not exceed $10,000 and shall be issued in conjunction with a loan of any amount; or</text>
        </level>
        <level label="B">
          <text>shall be made pursuant to subsection (i) of this section.</text>
        </level>
      </level>
      <level label="iii">
        <text>The Department shall approve a loan disbursement request from an eligible fund manager within 30 days of receiving the request.</text>
      </level>
    </level>
    <level label="2">
      <text>Except for money received from the Strategic Energy Investment Fund, the Department shall ensure that eligible fund managers allocate at least 50% of the funds from this Account to small, minority, and women–owned businesses in the jurisdictions and communities surrounding a video lottery facility.</text>
    </level>
    <level label="3">
      <text>When determining the grant amount to award to an eligible fund manager, the Department shall consider performance metrics, including fund manager activity.</text>
    </level>
    <level label="4">
      <text>The Department shall conduct an annual review of the grant amount awarded to each eligible fund manager to determine whether the amount is sufficient.</text>
    </level>
    <level label="5">
      <text>At least once every 3 years, the Department shall issue a request for proposals to add new eligible fund managers.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>Any money received from the Strategic Energy Investment Fund shall be used to benefit small, minority, women–owned, and veteran–owned businesses in the clean energy industry in the State.</text>
    </level>
    <level label="2">
      <text>The Department shall make grants to eligible fund managers to provide investment capital, including direct equity investments and similar investments and financial assistance to small, minority, women–owned, and veteran–owned businesses in the clean energy industry in the State.</text>
    </level>
  </level>
  <level label="f">
    <text>Fund managers receiving grants under this section shall:</text>
    <level label="1">
      <text>keep proper records of funds and accounts;</text>
    </level>
    <level label="2">
      <text>provide an annual report to the Department on investment capital and financial assistance made pursuant to subsection (d) of this section; and</text>
    </level>
    <level label="3">
      <text>be subject to audit by the Office of Legislative Audits of the Department of Legislative Services.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>Subject to paragraph (2) of this subsection, an eligible fund manager may use money from grants received under this section to pay expenses for administrative, actuarial, legal, marketing, and technical services.</text>
    </level>
    <level label="2">
      <text>The Department shall set the maximum amount of grant money that each eligible fund manager may use under paragraph (1) of this subsection.</text>
    </level>
    <level label="3">
      <level label="i">
        <text>In addition to the amount authorized under paragraph (2) of this subsection, the Department may authorize an eligible fund manager to receive a management fee that is calculated as a percentage of each loan made under subsection (d) of this section.</text>
      </level>
      <level label="ii">
        <text>The percentage authorized under subparagraph (i) of this paragraph may not be less than 1.5% and may not exceed 3% of the total loan principal.</text>
      </level>
      <level label="iii">
        <text>A management fee authorized under this paragraph shall be paid from the Account and may be retained by an eligible fund manager for administrative purposes related to lending activities under subsection (d) of this section.</text>
      </level>
    </level>
    <level label="4">
      <text>The Department may establish an annual cap on the cumulative amount of management fees an eligible fund manager may receive under paragraphs (2) and (3) of this subsection.</text>
    </level>
  </level>
  <level label="h">
    <level label="1">
      <text>Subject to paragraphs (2) through (4) of this subsection, an eligible fund manager may use money from a grant received under subsection (e)(1) of this section to pay ordinary and reasonable expenses for administrative, actuarial, legal, marketing, and technical services and management fees.</text>
    </level>
    <level label="2">
      <text>The Department shall:</text>
      <level label="i">
        <text>maintain all money received from the Strategic Energy Investment Fund in a single account; and</text>
      </level>
      <level label="ii">
        <text>make grant allocations to an eligible fund manager as the manager advises the Department that the manager has approved and prepared to fund an investment or provide financial assistance.</text>
      </level>
    </level>
    <level label="3">
      <text>Any allocation that the Department makes to an eligible fund manager from the Strategic Energy Investment Fund shall include:</text>
      <level label="i">
        <text>the amount of the investment or financial assistance; and</text>
      </level>
      <level label="ii">
        <text>up to an additional 3% of the total investment or financial assistance commitment amount as a management fee for the benefit and compensation of the eligible fund manager.</text>
      </level>
    </level>
    <level label="4">
      <text>An eligible fund manager that receives an allocation from the Strategic Energy Investment Fund shall retain for the manager’s benefit:</text>
      <level label="i">
        <text>all management fees paid by the Department; and</text>
      </level>
      <level label="ii">
        <text>all interest earned from a loan made by the eligible fund manager under this subsection.</text>
      </level>
    </level>
  </level>
  <level label="i">
    <level label="1">
      <text>Notwithstanding any provisions in this section to the contrary, this subsection applies to businesses in areas of the State that are:</text>
      <level label="i">
        <text>declared to be federal disaster areas;</text>
      </level>
      <level label="ii">
        <text>subject to a federal declaration of emergency; or</text>
      </level>
      <level label="iii">
        <text>subject to an official declaration of emergency by the Governor.</text>
      </level>
    </level>
    <level label="2">
      <text>In an area of the State described in paragraph (1) of this subsection, an eligible fund manager may:</text>
      <level label="i">
        <text>provide financial assistance under this section to a small, minority, or women–owned business in the form of a grant; or</text>
      </level>
      <level label="ii">
        <text>convert to a grant part or all of a loan that was provided to a small, minority, or women–owned business before the area was declared a federal disaster area or became subject to a declaration of emergency.</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>The amount of any grant or loan converted to a grant under this subsection may not exceed $50,000 for a single business.</text>
      </level>
      <level label="ii">
        <text>The aggregate total of financial assistance provided in the form of grants and loans converted to grants under this subsection may not exceed $10,000,000 in a fiscal year.</text>
      </level>
    </level>
  </level>
  <level label="j">
    <text>The Legislative Auditor shall audit the utilization of the funds that are allocated to small, minority, and women–owned businesses by eligible fund managers under subsection (d)(2) of this section during an audit of the applicable State unit as provided in § 2–1220 of the State Government Article.</text>
  </level>
  <level label="k">
    <text>In accordance with § 2.5–109 of this article, the Department shall submit a report on amounts received by and expended by the Strategic Energy Investment Fund.</text>
  </level>
  <level label="l">
    <text>Notwithstanding any other provision of this section, for each of fiscal years 2026 through 2028, the following amounts shall be made available from current allocations received under § 9–1A–27 of the State Government Article from previously unspent allocations:</text>
    <level label="1">
      <text>$1,500,000 for the Maryland Small Business Development Financing Authority established under § 5–505 of this title; and</text>
    </level>
    <level label="2">
      <text>$7,500,000 for the Pre–Seed Builder Fund established under § 10–486 of this article.</text>
    </level>
  </level>
  <level label="m">
    <level label="1">
      <text>On or before June 30, 2027, and each June 30 thereafter, the Department shall publish an annual financial status report on the Department’s website.</text>
    </level>
    <level label="2">
      <text>The report under this subsection shall include:</text>
      <level label="i">
        <text>fund manager activity;</text>
      </level>
      <level label="ii">
        <text>a fund manager satisfaction survey;</text>
      </level>
      <level label="iii">
        <text>fund manager descriptions; and</text>
      </level>
      <level label="iv">
        <text>fund manager disbursements.</text>
      </level>
    </level>
  </level>
</section>
