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<section article="glu" article_name="Land Use" number="18-309" title_number="18" title_name="Finances" subtitle_number="3" subtitle_name="Taxes">
  <level label="a">
    <level label="1">
      <text>Subject to subsection (b) of this section, the Commission may enter into an agreement with the owner of a facility for the generation of electricity that locates in Prince George’s County for a negotiated payment by the owner in lieu of taxes imposed on real or personal property of the facility under this subtitle.</text>
    </level>
    <level label="2">
      <text>An agreement for a negotiated payment in lieu of taxes under this section shall provide that, for the term specified in the agreement:</text>
      <level label="i">
        <text>the owner shall pay a specified amount each year in lieu of the payment of taxes imposed on real or personal property under this subtitle; and</text>
      </level>
      <level label="ii">
        <text>all or a specified part of the real or personal property at the facility shall be exempt from taxes imposed on real or personal property under this subtitle for the term of the agreement.</text>
      </level>
    </level>
    <level label="3">
      <text>An agreement for a negotiated payment in lieu of taxes under this section shall:</text>
      <level label="i">
        <text>be recorded in the land records of Prince George’s County; and</text>
      </level>
      <level label="ii">
        <text>require that the obligation of the owner of a facility for the generation of electricity to make, in a timely manner, a payment in lieu of taxes:</text>
        <level label="1">
          <text>be guaranteed by appropriate entities affiliated with the owner of the facility;</text>
        </level>
        <level label="2">
          <text>be a covenant running with the land;</text>
        </level>
        <level label="3">
          <text>create a lien attached to the property and fixtures of the facility that is enforceable in accordance with the Maryland Contract Lien Act; and</text>
        </level>
        <level label="4">
          <text>be secured by a security interest in all or a specified part of the personal property of the owner of the facility that is perfected and enforceable in accordance with Title 9 of the Maryland Uniform Commercial Code.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Before entering into or amending an agreement for a negotiated payment in lieu of taxes under this section, the Commission shall obtain:</text>
    <level label="1">
      <text>certificates endorsed by the Secretary–Treasurer of the Commission and the Director of Finance of Prince George’s County affirming that the terms of the agreement are reasonably expected to generate more revenue for the Commission than would be generated if the facility for the generation of electricity did not locate in Prince George’s County; and</text>
    </level>
    <level label="2">
      <text>the affirmative approval of the terms of the agreement by the County Executive, County Council, and Planning Board of Prince George’s County, as evidenced by:</text>
      <level label="i">
        <text>an executive order of the County Executive;</text>
      </level>
      <level label="ii">
        <text>a resolution of the County Council; and</text>
      </level>
      <level label="iii">
        <text>a resolution of the Planning Board.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>Except as otherwise provided in an agreement under this section, a payment in lieu of taxes that the Commission receives shall be distributed to the funds of the Commission in the same proportion that the taxes imposed on real or personal property under this subtitle are distributed during the fiscal year when the payment is received.</text>
  </level>
  <level label="d">
    <text>As specified in an agreement for a negotiated payment in lieu of taxes under this section, for the term specified in the agreement, the real or personal property at a facility for the generation of electricity that locates in Prince George’s County is exempt from the taxes imposed on real or personal property under this subtitle.</text>
  </level>
</section>
