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<regulation prefix="Regulation" num=".03" citation="COMAR 05.13.01.03" title_num="05" subtitle_num="13" chapter_num="01" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following words have the meanings indicated and as defined in the Act.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Act” means Housing and Community Development Article, Title 6, Subtitle 3, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Business” means a commercial or industrial enterprise.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Business project” means a project that is:</text>
      <paragraph num="(a)">
        <text>Both:</text>
        <paragraph num="(i)">
          <text>Located in a priority funding area or eligible opportunity zone; and</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved by a person or an entity for the purposes of carrying on a business whether or not for profit; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Eligible for funding from the Fund.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>“Department” means the Department of Housing and Community Development, a principal department of the State.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Development costs” means the costs incurred to develop, redevelop, or expand a business project and include the costs of:</text>
      <paragraph num="(a)">
        <text>Necessary studies, surveys, plans, and specifications;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Architectural, engineering, or other special services, including flood plain studies, environmental audits, and critical area or wetland assessments;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Land and improvements;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Site preparation;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Construction, reconstruction, and rehabilitation;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Machinery, equipment, and furnishings;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Essential operating costs, including working capital and initial occupancy expenses;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Indemnity and surety bonds and premiums on insurance;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Temporary relocation expenses; and</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Other costs determined to be acceptable by the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“Eligible opportunity zone” means an area designated as a qualified opportunity zone under §1400 Z-1 of the Internal Revenue Code that is located in Allegany County, Garrett County, Somerset County, or Wicomico County.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Financial assistance” means any form of grant, loan, loan participation, assurance, guarantee, or other credit enhancement, reduction in the principal obligation of or in the rate of interest payable on a loan or portion of a loan, and prepayment of interest on a subordinate or superior loan or portion of a loan.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Financial assistance documents” means those documents executed by an approved applicant and the Department which set forth the terms and conditions of financial assistance under the Program.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Food desert” means that part of a priority funding area or eligible opportunity zone designated by the Secretary in accordance with COMAR 05.13.06.05.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Food desert project” means a project that is located in a food desert or a part of a priority funding area or eligible opportunity zone that serves a food desert for the purpose of providing fresh fruits, vegetables, and other healthy foods to residents in the food desert.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Fund” means the Neighborhood Business Development Fund under Housing and Community Development Article, §6-310, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Local Jurisdiction.</text>
      <paragraph num="(a)">
        <text>“Local jurisdiction” means:</text>
        <paragraph num="(i)">
          <text>A municipal corporation subject to the provisions of the State Constitution, Article XI-E, if a project is located entirely within the boundaries of the municipal corporation; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Any of the 23 counties of this State and the City of Baltimore within which a project is located.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Local jurisdiction” includes each local jurisdiction within which any part of a project is located, if part of the project is located within one local jurisdiction while the remainder of the project is located in a different local jurisdiction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Microenterprise” means a business that employs a number of employees or has annual gross receipts no greater than the limits set forth by the U.S. Small Business Administration for microenterprises.</text>
    </paragraph>
    <paragraph num="(14)">
      <text>“Mixed use” means a use which includes commercial, retail, residential or any other uses approved by the Department.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Nonprofit organization” means a corporation, foundation, or other entity that specifies in its charter or bylaws that no part of the net earnings may inure to the benefit of any private shareholder or individual holding any interest in the entity.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Priority funding area” means an area designated as a priority funding area under State Finance and Procurement Article, §5-7B-02, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Program” means the Business Development Program, also known as the Neighborhood Business Works Program.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Program funds” means monies from the Program that are used to provide financial assistance.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Project” means a project or activity which qualifies for financial assistance under the Program.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Secretary” means the Secretary of Housing and Community Development.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Small business” means a business that employs a number of employees or has annual gross receipts no greater than the limits set forth by the U.S. Small Business Administration for small businesses.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Sustainable community” means the part of a priority funding area or eligible opportunity zone that:</text>
      <paragraph num="(a)">
        <text>Has been designated as a sustainable community in accordance with COMAR 05.17.02;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has been designated as a BRAC Revitalization and Incentive Zone under Economic Development Article, Title 5, Subtitle 13, Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Has been designated as a transit-oriented development under Transportation Article, §7-101, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>