Maryland Code § EC-2.5-108

Section EC-2.5-108
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(a) To the extent practicable, the Department shall use pertinent data
obtained from units or instrumentalities of the State when collecting and assembling
information.
(b) Except to the extent that disclosure is prohibited by law, the
Department has access to all records, data, information, and statistics of other units
or instrumentalities of the State.
§2.5-109. IN EFFECT
(a) In this section, "economic development program" means:
(1) the Economic Development Opportunities Program Account
established under § 7-314 of the State Finance and Procurement Article;
(2) the Partnership for Workforce Quality Program established
under Title 3, Subtitle 4 of this article;
(3) each of the economic development and financial assistance
programs established under Title 5 of this article; and
(4) each of the tax credit programs administered by the Department,
including:
(i) the Film Production Activity Tax Credit;
(ii) the Job Creation Tax Credit;
(iii) the One Maryland Economic Development Tax Credit;
(iv) the Biotechnology Investment Incentive Tax Credit;
(v) the Research and Development Tax Credit;
(vi) the Security Clearance Administrative Expenses and
Construction and Equipment Costs Tax Credit;
(vii) the Innovation Investment Incentive Tax Credit;
(viii) the More Jobs for Marylanders Tax Credit;
(ix) the Purchase of Cybersecurity Technology or Service Tax
Credit;

(x) the Opportunity Zone Enhancement Tax Credit;
(xi) the Small Business Relief Tax Credit;
(xii) any other tax credit program that is administered by the
Department under:
1. Title 6 of this article; or
2. Title 10, Subtitle 7 of the Tax - General Article; and
(xiii) the Theatrical Production Tax Credit.
(b) The Department shall compile data in accordance with this section on
the economic development programs administered by the Department.
(c) On or before December 31, 2013, and each year thereafter, the
Department shall submit a report on the economic development programs that were
administered by the Department during the previous fiscal year to the Governor and,
in accordance with § 2-1257 of the State Government Article, the General Assembly.
(d) (1) The report required under this section shall include the following
data, if applicable, on the economic development programs administered by the
Department:
(i) the number of jobs created;
(ii) the number of jobs retained;
(iii) the estimated amount of State revenue generated;
(iv) the status of any special fund;
(v) for minority business enterprises, as defined in § 14-301 of
the State Finance and Procurement Article:
1. the number of enterprises that received assistance
from each economic development program; and
2. the percentage of assistance distributed to each
minority business enterprise from each economic development program compared to
the total assistance distributed from each economic development program;

(vi) a statement indicating whether, during the current
reporting year, the Department reduced, revoked, or recaptured a tax credit or any
amount of financial assistance from a recipient and, if applicable:
1. the total amount recovered as a result of the
reduction, revocation, or recapture, and any penalty assessed; and
2. a justification for the reduction, revocation, or
recapture; and
(vii) any additional information required by the Department
through regulations.
(2) The report required under this section shall include data in the
aggregate and disaggregated by:
(i) each economic development program; and
(ii) each recipient of assistance from an economic development
program.
(3) The report required under this section shall include any
additional information required under the law authorizing the economic development
program.
(e) The Department shall establish, maintain, and update annually a
publicly available database on the Department's website that:
(1) provides information that is downloadable by the public in a
common machine-readable format; and
(2) includes, as applicable:
(i) the name of each business entity that is a recipient of an
economic development program;
(ii) the total amount of tax credits certified, financial
assistance paid, and loans forgiven or uncollectible by the Department for each
recipient of the tax credit or financial assistance;
(iii) the number of jobs actually created or retained by each
recipient;

(iv) the average salary of the jobs created or retained by each
recipient;
(v) the amount of capital investment made or project costs
incurred by each recipient; and
(vi) a statement indicating whether, during the current
reporting year, the Department reduced, revoked, or recaptured a tax credit or any
amount of financial assistance from a recipient and, if applicable:
1. the total amount recovered as a result of the
reduction, revocation, or recapture, and any penalty assessed; and
2. a justification for the reduction, revocation, or
recapture.
(f) If a recipient of assistance from an economic development program is
not meeting the requirements of the economic development program, the Department
shall implement a process to assist the recipient in meeting the program
requirements.
§2.5-109. // EFFECTIVE JUNE 30, 2027 PER CHAPTERS 258 AND 259 OF 2022
//
(a) In this section, "economic development program" means:
(1) the Economic Development Opportunities Program Account
established under § 7-314 of the State Finance and Procurement Article;
(2) the Partnership for Workforce Quality Program established
under Title 3, Subtitle 4 of this article;
(3) each of the economic development and financial assistance
programs established under Title 5 of this article; and
(4) each of the tax credit programs administered by the Department,
including:
(i) the Film Production Activity Tax Credit;
(ii) the Job Creation Tax Credit;
(iii) the One Maryland Economic Development Tax Credit;

(iv) the Biotechnology Investment Incentive Tax Credit;
(v) the Research and Development Tax Credit;
(vi) the Security Clearance Administrative Expenses and
Construction and Equipment Costs Tax Credit;
(vii) the Innovation Investment Incentive Tax Credit;
(viii) the More Jobs for Marylanders Tax Credit;
(ix) the Purchase of Cybersecurity Technology or Service Tax
Credit;
(x) the Opportunity Zone Enhancement Tax Credit;
(xi) the Small Business Relief Tax Credit; and
(xii) any other tax credit program that is administered by the
Department under:
1. Title 6 of this article; or
2. Title 10, Subtitle 7 of the Tax - General Article.
(b) The Department shall compile data in accordance with this section on
the economic development programs administered by the Department.
(c) On or before December 31, 2013, and each year thereafter, the
Department shall submit a report on the economic development programs that were
administered by the Department during the previous fiscal year to the Governor and,
in accordance with § 2-1257 of the State Government Article, the General Assembly.
(d) (1) The report required under this section shall include the following
data, if applicable, on the economic development programs administered by the
Department:
(i) the number of jobs created;
(ii) the number of jobs retained;
(iii) the estimated amount of State revenue generated;
(iv) the status of any special fund;

(v) for minority business enterprises, as defined in § 14-301 of
the State Finance and Procurement Article:
1. the number of enterprises that received assistance
from each economic development program; and
2. the percentage of assistance distributed to each
minority business enterprise from each economic development program compared to
the total assistance distributed from each economic development program;
(vi) a statement indicating whether, during the current
reporting year, the Department reduced, revoked, or recaptured a tax credit or any
amount of financial assistance from a recipient and, if applicable:
1. the total amount recovered as a result of the
reduction, revocation, or recapture, and any penalty assessed; and
2. a justification for the reduction, revocation, or
recapture; and
(vii) any additional information required by the Department
through regulations.
(2) The report required under this section shall include data in the
aggregate and disaggregated by:
(i) each economic development program; and
(ii) each recipient of assistance from an economic development
program.
(3) The report required under this section shall include any
additional information required under the law authorizing the economic development
program.
(e) The Department shall establish, maintain, and update annually a
publicly available database on the Department's website that:
(1) provides information that is downloadable by the public in a
common machine-readable format; and
(2) includes, as applicable:

(i) the name of each business entity that is a recipient of an
economic development program;
(ii) the total amount of tax credits certified, financial
assistance paid, and loans forgiven or uncollectible by the Department for each
recipient of the tax credit or financial assistance;
(iii) the number of jobs actually created or retained by each
recipient;
(iv) the average salary of the jobs created or retained by each
recipient;
(v) the amount of capital investment made or project costs
incurred by each recipient; and
(vi) a statement indicating whether, during the current
reporting year, the Department reduced, revoked, or recaptured a tax credit or any
amount of financial assistance from a recipient and, if applicable:
1. the total amount recovered as a result of the
reduction, revocation, or recapture, and any penalty assessed; and
2. a justification for the reduction, revocation, or
recapture.
(f) If a recipient of assistance from an economic development program is
not meeting the requirements of the economic development program, the Department
shall implement a process to assist the recipient in meeting the program
requirements.
§2.5-110. IN EFFECT
// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 314 AND 315 OF
2025 //
(a) There is a nonprofit organizations navigator in the Department.
(b) The Secretary shall designate the navigator.
(c) The navigator shall:
(1) provide technical assistance to nonprofit organizations in
obtaining access to and applying for State grant programs;

(2) work with nonprofit organizations and units of State government
to resolve procedural complexities and delays in State grant-making processes;
(3) collect and share information on opportunities for federal, State,
and local grants with nonprofit organizations; and
(4) represent nonprofit organizations' interests and concerns as a
member of the Maryland Efficient Grant Application Council established under § 2-
209 of the State Finance and Procurement Article.
§2.5-110. NOT IN EFFECT
// EFFECTIVE JUNE 30, 2029 PER CHAPTERS 314 AND 315 OF 2025 //
(a) There is a nonprofit organizations navigator in the Department.
(b) The Secretary shall designate the navigator.
(c) The navigator shall:
(1) provide technical assistance to nonprofit organizations in
obtaining access to and applying for State grant programs;
(2) work with nonprofit organizations and units of State government
to resolve procedural complexities and delays in State grant-making processes; and
(3) collect and share information on opportunities for federal, State,
and local grants with nonprofit organizations.

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