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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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HOUSING AND COMMUNITY DEVELOPMENT |
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DIVISION I. HOUSING AND COMMUNITY PROGRAMS. |
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TITLE 4. DIVISION OF DEVELOPMENT FINANCE |
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SUBTITLE 2. COMMUNITY DEVELOPMENT ADMINISTRATION |
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PART I. DEFINITIONS; GENERAL PROVISIONS |
§ 4-201. Definitions
Latest version.
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(a) In general. -- In this subtitle the following words have the meanings indicated.
** REVISOR'S NOTE
This subsection formerly was Art. 83B, § 2-203(a).
** REVISOR'S NOTE
No changes are made.
(b) Commercial building. -- "Commercial building" means any building that:
(1) is used primarily to carry on a business whether or not for profit;
(2) is not a residential building; and
(3) is not used primarily to manufacture or produce raw materials, products, or agricultural commodities.
** REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 83B, § 2-203(d).
** REVISOR'S NOTE
The former phrase "for the purpose of providing financial assistance for an energy conservation project or a solar energy project in a commercial building" is deleted as surplusage.
** DEFINED TERM:
"Residential building" § 4-201
**
(c) Commercial energy audit. -- "Commercial energy audit" means: **
(1) an energy audit performed for purposes of Title VII of the National Energy Conservation Policy Act, 42 U.S.C. § 6201 through 6422; or **
(2) an onsite inspection of a commercial building that includes a determination of, and provides information on: **
(i) the type, quantity, and rate of energy consumption of the building; **
(ii) the maintenance and operation procedures to reduce the energy consumption of the building; and **
(iii) the cost of implementing an appropriate energy conservation project, a solar energy project, or both, and the savings in energy costs likely to result from the project.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 83B, § 2-203(e).
REVISOR'S NOTE
In item (2)(ii) of this subsection, the former reference to procedures "that can be employed" to reduce energy consumption is deleted as surplusage.
DEFINED TERMS:
"Commercial building" § 4-201
DEFINED TERMS:
"Energy conservation project" § 4-201
DEFINED TERMS:
"Solar energy project" § 4-201
**
(d) Community development project. -- "Community development project" means a project that qualifies under § 4-217 of this subtitle.
REVISOR'S NOTE
This subsection is new language added to provide a convenient reference to "community development project". **
(e) Development costs. -- **
(1) "Development costs" means the costs that the Department considers reasonable and necessary to carry out: **
(i) a community development project; **
(ii) an energy conservation project; **
(iii) a home improvement project; **
(iv) an infrastructure project; **
(v) a public purpose project; **
(vi) a solar energy project; or **
(vii) a special housing facility. **
(2) "Development costs" includes: **
(i) the costs of: **
1. studies, surveys, plans and specifications, and architectural, engineering, or other special services; **
2. acquisition of land and any buildings on the land; **
3. site preparation and development, construction, reconstruction, rehabilitation, and improvement; and **
4. acquisition of machinery, equipment, and furnishings; **
(ii) expenses incurred in connection with initial occupancy or operation of the project; **
(iii) an allocable portion of the administrative and operating expenses of the Department; **
(iv) the cost of financing the project, including interest on bonds and notes issued to finance the project from the date issued to the date the Department determines that the project is substantially occupied or substantially in operation; and **
(v) the cost of other items, including indemnity and surety bonds, premiums on insurance, fees, relocation costs, and charges and expenses of trustees, depositories, and paying agents for bonds and notes issued.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 83B, § 2-203(g).
REVISOR'S NOTE
In paragraph (1) of this subsection, the former reference to costs "incurred in carrying out all works and undertakings" is deleted as surplusage.
REVISOR'S NOTE
In paragraph (2) of this subsection, the former phrase "but are not necessarily limited to" is deleted in light of the reference to "includes". Article 1, § 30 provides that the term "includes" is used "by way of illustration and not by way of limitation".
"Community development project" § 4-201
"Department" § 1-101
"Energy conservation project" § 4-201
"Home improvement project" § 4-201
"Infrastructure project" § 4-201
"Public purpose project" § 4-201
"Solar energy project" § 4-201
"Special housing facility" § 4-201
**
(f) Director. -- "Director" means the Director of the Administration.
REVISOR'S NOTE
This subsection formerly was Art. 83B, § 2-203(h).
REVISOR'S NOTE
No changes are made.
DEFINED TERM:
"Administration" § 4-101
**
(g) Energy conservation project. -- "Energy conservation project" means a project that qualifies under § 4-218 of this subtitle.
REVISOR'S NOTE
This subsection is new language added to provide a convenient reference to "energy conservation project". **
(h) Family of limited income. -- "Family of limited income" means a family or individual whose income does not exceed the upper income limits established by the Secretary under § 4-212 of this subtitle.
REVISOR'S NOTE
This subsection formerly was the first clause of the first sentence of Art. 83B, § 2-203(l).
REVISOR'S NOTE
The reference to an "individual" is substituted for the former reference to "persons" because only individuals, and not the other kinds of entities included in the defined term "person", have the income specified in this subsection.
REVISOR'S NOTE
The only other changes are in style.
"Secretary" § 1-101
**
(i) Home improvement project. -- "Home improvement project" means a project that qualifies under § 4-219 of this subtitle.
REVISOR'S NOTE
This subsection is new language added to provide a convenient reference to "home improvement project". **
(j) Infrastructure project. -- "Infrastructure project" means a project that qualifies under § 4-220 of this subtitle.
REVISOR'S NOTE
This subsection is new language added to provide a convenient reference to "infrastructure project". **
(k) Limited dividend corporation. -- "Limited dividend corporation" means a corporation that: **
(1) qualifies as a limited dividend corporation under the Moderate-Income Rental Program of the National Housing Act, Title 12, Chapter 13 of the United States Code; and **
(2) is operated only to further a community development project.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 83B, § 2-203(p).
REVISOR'S NOTE
The former phrase "in effect from time to time" is deleted as surplusage.
"Community development project" § 4-201
**
(l) Local development agency. -- "Local development agency" means the governmental unit of a political subdivision that the chief executive officer of the political subdivision designates to carry out community development under this subtitle.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 83B, § 2-203(r).
REVISOR'S NOTE
The reference to "governmental unit of a political subdivision" is substituted for the former reference to any "board, commission, agency, department or authority of any municipality or county" for brevity and consistency.
DEFINED TERMS:
"Governmental unit" § 1-101
DEFINED TERMS:
"Political subdivision" § 1-101
**
(m) Local development entity. -- "Local development entity" means a corporation or foundation, no part of the net earnings of which inures to the benefit of a private shareholder or individual, that is organized and operated primarily to foster, encourage, and assist community development in the State.
REVISOR'S NOTE
This subsection formerly was Art. 83B, § 2-203(q).
REVISOR'S NOTE
The defined term "local development entity" is substituted for the former defined term "local development corporation" to reflect that the defined term encompasses both corporations and foundations.
REVISOR'S NOTE
The only changes are in style.
DEFINED TERM:
"Local development entity" § 4-201
**
(n) Local obligation. -- "Local obligation" means a bond, note, or other obligation of a political subdivision or a governmental unit of a political subdivision.
REVISOR'S NOTE
This subsection is new language derived without substantive change from former Art. 83B, § 2-203(s).
DEFINED TERMS:
"County" § 1-101
DEFINED TERMS:
"Governmental unit" § 1-101
DEFINED TERMS:
"Political subdivision" § 1-101
**
(o) Public purpose project. -- "Public purpose project" means a project that qualifies under § 4-221 of this subtitle. **
SPECIAL REVISOR'S NOTE
Chapter 26, Acts of 2005, enacted this subsection as § 4-201(p), which was new language added to provide a convenient reference to "public purpose project". However, Ch. 44, Acts of 2005, repealed § 4-201(o), and by the authority granted to the publisher of the Annotated Code of Maryland under Section 7 of Ch. 26, this subsection was renumbered accordingly.
**
(p) Residential building. -- "Residential building" means a single family or multifamily structure that is used primarily for human dwelling and that has a system for heating, cooling, or both. **
SPECIAL REVISOR'S NOTE
Chapter 26, Acts of 2005, enacted this subsection as § 4-201(q), which formerly was Art. 83B, § 2-303(y). The only changes were in style. However, Ch. 44, Acts of 2005, repealed § 4-201(o), and by the authority granted to the publisher of the Annotated Code of Maryland under Section 7 of Ch. 26, this subsection was renumbered accordingly.
**
(q) Residential energy audit. -- "Residential energy audit" means: **
(1) an inspection or energy audit of a residential building or a dwelling unit in a residential building performed for purposes of Title II or Title VII of the National Energy Conservation Policy Act, Title 42, Chapter 91 of the United States Code; or **
(2) an onsite inspection of a residential building or a dwelling unit in a residential building that includes a determination of and provides information on: **
(i) the type, quantity, and rate of energy consumption of the building or dwelling unit; **
(ii) maintenance and operating procedures to reduce the energy consumption of the residential building or dwelling unit; and **
(iii) the cost of implementing an appropriate energy conservation project, solar energy project, or both, and the savings in energy costs that are likely to result from the project. **
SPECIAL REVISOR'S NOTE
Chapter 26, Acts of 2005, enacted this subsection as § 4-201(r), which formerly was Art. 83B, § 2-303(z). The only changes were in style. However, Ch. 44, Acts of 2005, repealed § 4-201(o), and by the authority granted to the publisher of the Annotated Code of Maryland under Section 7 of Ch. 26, this subsection was renumbered accordingly.
"Energy conservation project" § 4-201
"Residential building" § 4-201
"Solar energy project" § 4-201
**
(r) Residential mortgage loan. -- "Residential mortgage loan" means a loan, including a temporary loan or advance, that is secured by a mortgage of real property in the State that is: **
(1) improved by a residential building; or **
(2) unimproved, if the loan proceeds are to be used to construct a residential building. **
SPECIAL REVISOR'S NOTE
Chapter 26, Acts of 2005, enacted this subsection as § 4-201(s), which formerly was Art. 83B, § 2-303(aa). The only changes were in style. However, Ch. 44, Acts of 2005, repealed § 4-201(o), and by the authority granted to the publisher of the Annotated Code of Maryland under Section 7 of Ch. 26, this subsection was renumbered accordingly.
DEFINED TERM:
"Residential building" § 4-201
**
(s) Solar energy project. -- "Solar energy project" means a project that qualifies under § 4-222 of this subtitle. **
SPECIAL REVISOR'S NOTE
Chapter 26, Acts of 2005, enacted this subsection as § 4-201(t), which was new language added to provide a convenient reference to "solar energy project". However, Ch. 44, Acts of 2005, repealed § 4-201(o), and by the authority granted to the publisher of the Annotated Code of Maryland under Section 7 of Ch. 26, this subsection was renumbered accordingly.
**
(t) Special housing facility. -- "Special housing facility" means a project or undertaking for the refinancing, acquisition, rehabilitation, improvement, renovation, or construction of a building that: **
(1) will be occupied in substantial part by families of limited income; **
(2) will provide common, shared, or independent living, dining, kitchen, sanitary, and sleeping facilities; **
(3) may include supportive services or supervisory live-in personnel for individuals with specialized housing needs; **
(4) may include nonresidential facilities to serve individuals with special needs who need not be residents of the project or undertaking; and **
(5) is not subject to § 4-213(b) of this subtitle. **
SPECIAL REVISOR'S NOTE
Chapter 26, Acts of 2005, enacted this subsection as § 4-201(u), which formerly was Art. 83B, § 2-303(cc). However, Ch. 44, Acts of 2005, repealed § 4-201(o), and by the authority granted to the publisher of the Annotated Code of Maryland under Section 7 of Ch. 26, this subsection was renumbered accordingly.
**
In items (3) and (4) of this subsection, the references to "individuals" were substituted for the former references to "persons" because only individuals, and not the other kinds of entities included in the defined term "person", occupy a special housing facility. **
The only other changes were in style.
"Family of limited income" § 4-201
HISTORY: An. Code 1957, art. 83B, § 2-203(a), (c)-(e), (g), (h), (l), (p)-(s), (w)(1), (2), (y), (z), (aa), (cc); 2005, ch. 26, § 2; ch. 44, § 1, 2.