<?xml version='1.0' encoding='utf-8'?>
<section article="gec" article_name="Economic Development" number="6-1001" title_number="6" title_name="Economic Development Tax Incentives" subtitle_number="10" subtitle_name="Opportunity Zone Enhancement Program">
  <level label="a">
    <text>In this subtitle the following words have the meanings indicated.</text>
  </level>
  <level label="b">
    <text>“Level 1 opportunity zone enhancement” means an enhanced tax credit under the Program for which a qualified opportunity zone business or qualified opportunity fund is eligible if:</text>
    <level label="1">
      <text>the following information is provided to the Department:</text>
      <level label="i">
        <text>the date of the qualified opportunity fund’s investment in the qualified opportunity zone business and the amount of the investment;</text>
      </level>
      <level label="ii">
        <text>the total project or business investment, including any leverage;</text>
      </level>
      <level label="iii">
        <text>the address and census tract of the qualified opportunity zone business and the qualified opportunity fund;</text>
      </level>
      <level label="iv">
        <text>the North American Industrial Classification System Code for the qualified opportunity zone business;</text>
      </level>
      <level label="v">
        <text>an impact report, including both qualitative and quantitative data on the investment and, as applicable, its progress toward:</text>
        <level label="1">
          <text>creating and retaining jobs;</text>
        </level>
        <level label="2">
          <text>promoting entrepreneurship, including among women– and minority–owned businesses;</text>
        </level>
        <level label="3">
          <text>providing affordable housing;</text>
        </level>
        <level label="4">
          <text>creating access to healthy food;</text>
        </level>
        <level label="5">
          <text>promoting environmental sustainability; and</text>
        </level>
        <level label="6">
          <text>benefiting the communities in the opportunity zone in a manner not otherwise specified in this item; and</text>
        </level>
      </level>
      <level label="vi">
        <text>unless an applicant provides an affidavit to the Department along with the application that the qualified opportunity zone business property is unoccupied, will be demolished within 1 year of the date of the application, and will remain unoccupied until the demolition is complete, with respect to qualified opportunity zone business property that is an affected property required to be registered with the Department of the Environment under § 6–811 of the Environment Article:</text>
        <level label="1">
          <text>proof of registration with the Department of the Environment;</text>
        </level>
        <level label="2">
          <text>if the property contains at least one residential rental unit, proof of lead inspections conducted in accordance with §§ 6–815 and 6–819 of the Environment Article;</text>
        </level>
        <level label="3">
          <text>if the property is an owner–occupied residential rental property:</text>
        </level>
        <level label="A">
          <text>proof that visual exterior or interior painted surfaces are free of chipping, flaking, or peeling lead–based paint; and</text>
        </level>
        <level label="B">
          <text>a copy of passing test results for lead–contaminated dust; and</text>
        </level>
        <level label="4">
          <text>verification that, for the substantial improvement of the property performed in accordance with § 1400Z–2(d)(2)(D)(ii) of the Internal Revenue Code, replacement doors and windows are free of lead–based paint; and</text>
        </level>
      </level>
      <level label="vii">
        <text>any other information requested by the Department that meets the transparency goals of the Program; and</text>
      </level>
    </level>
    <level label="2">
      <text>for a qualified opportunity zone business located in an opportunity zone in a county with a minimum wage that exceeds the State minimum wage, the qualified opportunity zone business pays to each employee wages that exceed the greater of:</text>
      <level label="i">
        <text>120% of the State minimum wage; or</text>
      </level>
      <level label="ii">
        <text>120% of the county minimum wage.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>“Level 2 opportunity zone enhancement” means an enhanced tax credit under the Program for which a qualified opportunity zone business or qualified opportunity fund is eligible if:</text>
    <level label="1">
      <text>the requirements for a Level 1 opportunity zone enhancement are met;</text>
    </level>
    <level label="2">
      <level label="i">
        <text>accountability to residents of the communities in the opportunity zone is maintained through their representation on any governing board or advisory board of the qualified opportunity zone business; or</text>
      </level>
      <level label="ii">
        <text>a community benefits agreement is negotiated and agreed to by community groups or strategic industry partnerships, as defined under § 11–701 of the Labor and Employment Article, in the opportunity zone and the qualified opportunity fund that specifies a range of community benefits that the fund agrees to provide as part of the development project, including workforce development or local hiring requirements; and</text>
      </level>
    </level>
    <level label="3">
      <level label="i">
        <text>for a qualified opportunity zone business located entirely within an opportunity zone in a municipal corporation, the municipal corporation, by resolution or by letter, delivered to the Department by the municipal corporation’s authorized designee, approves the provision of the enhanced tax credits under the Program within the municipal corporation; or</text>
      </level>
      <level label="ii">
        <text>for a qualified opportunity zone business in an opportunity zone that is not located entirely within a municipal corporation, the county, by resolution or by letter, delivered to the Department by the county’s authorized designee, approves the provision of the enhanced tax credits under the Program within the county.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>“Opportunity zone” means an area that has been designated as a qualified opportunity zone in the State under § 1400Z–1 of the Internal Revenue Code.</text>
  </level>
  <level label="e">
    <text>“Program” means the Opportunity Zone Enhancement Program in the Department established under § 6–1002 of this subtitle that allows enhanced tax credits under:</text>
    <level label="1">
      <text>§ 6–304 of this title (Job Creation);</text>
    </level>
    <level label="2">
      <text>§ 6–403 of this title (One Maryland economic development);</text>
    </level>
    <level label="3">
      <text>§ 10–702 of the Tax – General Article (wages paid in an enterprise zone);</text>
    </level>
    <level label="4">
      <text>§ 10–725 of the Tax – General Article (biotechnology investment incentive);</text>
    </level>
    <level label="5">
      <text>§ 10–733 of the Tax – General Article (cybersecurity investment incentive); and</text>
    </level>
    <level label="6">
      <text>§ 10–741 of the Tax – General Article (More Jobs for Marylanders).</text>
    </level>
  </level>
  <level label="f">
    <text>“Qualified opportunity fund” has the meaning stated in § 1400Z–2 of the Internal Revenue Code.</text>
  </level>
  <level label="g">
    <text>“Qualified opportunity zone business” has the meaning stated in § 1400Z–2 of the Internal Revenue Code.</text>
  </level>
  <level label="h">
    <text>“Qualified opportunity zone business property” has the meaning stated in § 1400Z–2 of the Internal Revenue Code.</text>
  </level>
  <level label="i">
    <text>“Qualified opportunity zone property” has the meaning stated in § 1400Z–2 of the Internal Revenue Code.</text>
  </level>
</section>
