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<section article="gtp" article_name="Tax - Property" number="9-229" title_number="9" title_name="Property Tax Credits and Property Tax Relief" subtitle_number="2" subtitle_name="Statewide Optional">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <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="3">
      <text>“Property tax attributable to an increase in an assessment” means the additional property tax required to be paid as a result of the increase in the assessment, calculated before the application of the credit under this section but after the application of any other credit allowed under this title.</text>
    </level>
    <level label="4">
      <text>“Qualified brownfields site” has the meaning stated in § 5–301 of the Economic Development Article.</text>
    </level>
    <level label="5">
      <text>“Taxing jurisdiction” means:</text>
      <level label="i">
        <text>a county or Baltimore City; or</text>
      </level>
      <level label="ii">
        <text>a municipal corporation.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <level label="i">
        <text>A taxing jurisdiction may elect to participate in the Brownfields Revitalization Incentive Program under Title 5, Subtitle 3 of the Economic Development Article through the enactment of legislation that grants property tax credits in accordance with the requirements of this section.</text>
      </level>
      <level label="ii">
        <text>If a taxing jurisdiction elects to participate in the Program in accordance with this section, the taxing jurisdiction shall notify the Department of Commerce.</text>
      </level>
    </level>
    <level label="2">
      <text>If a taxing jurisdiction elects to participate in the Brownfields Revitalization Incentive Program in accordance with this section, the property tax credits under this section shall also apply to the State property tax in that jurisdiction in the same percentage and for the same duration as provided for the property tax of the taxing jurisdiction.</text>
    </level>
  </level>
  <level label="c">
    <text>For each of the 5 taxable years immediately following the first revaluation of the property after completion of a voluntary cleanup or corrective action plan of a brownfields site, each participating taxing jurisdiction where a qualified brownfields site is located shall:</text>
    <level label="1">
      <text>grant a property tax credit against the property tax imposed on the qualified brownfields site in an amount equal to 50% of the property tax attributable to the increase in the assessment of the qualified brownfields site, including improvements added to the site within the 5–year period as provided under this subsection, over the assessment of the qualified brownfields site before the voluntary cleanup; and</text>
    </level>
    <level label="2">
      <text>contribute to the Maryland Economic Development Assistance Fund under § 5–313(8) of the Economic Development Article, 30% of the property tax attributable to the increase in the assessment of the brownfields site, including improvements added to the site within the 5–year period as provided under this subsection, over the assessment of the qualified brownfields site before the voluntary cleanup.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>A taxing jurisdiction may grant a property tax credit against the property tax imposed on a qualified brownfields site in addition to the credit granted under subsection (c) of this section.</text>
    </level>
    <level label="2">
      <text>Subject to the limitation in paragraph (3) of this subsection, a taxing jurisdiction may:</text>
      <level label="i">
        <text>vary the percentage of the additional property tax credit granted under this subsection; and</text>
      </level>
      <level label="ii">
        <text>establish additional eligibility criteria for any additional property tax credit granted.</text>
      </level>
    </level>
    <level label="3">
      <text>The total additional property tax credit granted under this subsection may not exceed an additional 20% of the remaining property tax attributable to the increase in the assessment of the qualified brownfields site including improvements added to the site over the assessment of the qualified brownfields site before the voluntary cleanup.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>A credit under this section may not be calculated on an increase in assessment due to the termination of a use value under §§ 8–209 through 8–217 or §§ 8–220 through 8–225 of this article.</text>
    </level>
    <level label="2">
      <text>If the qualified brownfields site on which the voluntary cleanup is completed had a use value immediately before the cleanup, the credit shall be calculated on an assessment as if the parcel had been valued at market value.</text>
    </level>
  </level>
  <level label="f">
    <text>In a designated enterprise zone or opportunity zone, a taxing jurisdiction may extend the tax credit authorized under this section up to an additional 5 years.</text>
  </level>
  <level label="g">
    <text>A taxing jurisdiction’s contribution for each qualified brownfields site to the Maryland Economic Development Assistance Fund under subsection (c)(2) of this section shall be used only for brownfields sites in the taxing jurisdictions that have enacted a brownfields property tax credit ordinance.</text>
  </level>
  <level label="h">
    <text>A taxing jurisdiction shall terminate any property tax credit under this section if:</text>
    <level label="1">
      <text>a person receiving a credit under this section withdraws from the Voluntary Cleanup Program under § 7–512(a) or (b) of the Environment Article; or</text>
    </level>
    <level label="2">
      <text>the Department of the Environment withdraws approval of a response action plan, or a certificate of completion under § 7–512(e) and (f) of the Environment Article.</text>
    </level>
  </level>
</section>
