§ 11-2-203.1. PROPERTY TAX CREDIT FOR HIGH PERFORMANCE BUILDINGS.

(a)

Definitions.

(1)

In this section, the following words have the meanings indicated.

(2)

"Commercial building" includes an income producing residentially-used building that contains at least 50 units.

(3)

"High performance building" means a commercial building that achieves at least a Silver rating according to:

(i)

The U.S. Green Building Council's LEED (Leadership in Energy and Environmental Design) Green Building rating system; or

(ii)

The ANSI (American National Standards Institute) NGBS (National Green Building Standard).

(4)

(i)

"LEED rating system" means the Leadership in Energy and Environmental Design rating system as may be adopted and amended.

(ii)

"LEED rating system" includes:

1.

LEED-NC for new construction;

2.

LEED-CS for core and shell; and

3.

LEED-EB for existing buildings.

(b)

Created. In accordance with § 9-242 of the Tax-Property Article of the Annotated Code of Maryland, the owner of a high performance building may receive a property tax credit against county real property taxes assessed on a high performance building.

(c)

LEED-NC Amount and duration.

(1)

For a high performance building that is certified in the LEED rating system for new construction, the amount of the tax credit is a percentage of the total county property tax assessed on the high performance building as follows:

(i)

LEED certified Silver 50%;

(ii)

LEED certified Gold 60%; and

(iii)

LEED certified Platinum 80%.

(2)

The duration of the tax credit authorized under this subsection is five consecutive years.

(d)

LEED-CS Amount and duration .

(1)

For a high performance building that is certified in the LEED rating system for core and shell, the amount of the tax credit is a percentage of the total county property tax assessed on the high performance building as follows:

(i)

LEED certified Silver 40%;

(ii)

LEED certified Gold 50%; and

(iii)

LEED certified Platinum 70%.

(2)

The duration of the tax credit authorized under this subsection is five consecutive years.

(e)

LEED-EB Amount and duration.

(1)

For a high performance building that is certified in the LEED rating system for existing buildings, the amount of the tax credit is a percentage of the total county property tax assessed on the high performance building as follows:

(i)

LEED certified Silver 10%;

(ii)

LEED certified Gold 25%; and

(iii)

LEED certified Platinum 50%.

(2)

The duration of the tax credit authorized under this subsection is three consecutive years.

(f)

NGBS - Amount and duration.

(1)

For a high performance building that is certified in the NGBS rating system for new construction, the amount of the tax credit is a percentage of the total county property tax assessed on the high performance building as follows:

(i)

NGBS certified Silver - 50%;

(ii)

NGBS certified Gold - 60%; and

(iii)

NGBS certified Emerald - 80%.

(2)

The duration of the tax credit authorized under this subsection is five consecutive years.

(g)

One tax credit per building. A property owner may not receive more than one tax credit under this section for each high performance building.

(h)

Termination of credit for alteration. A property tax credit granted under this section shall terminate if during the credit period, the Director of Budget and Finance finds that the property has been altered so that it no longer complies with the applicable rating system, version, and level that was the basis for granting the credit at the time the credit was granted.

(i)

Transferability. A tax credit granted under this section runs with the property and a change in ownership does not result in a lapse of the tax credit.

(j)

Limitation. The total tax credits for the program may not exceed an aggregate amount of $5,000,000, subject to the County Council's annual review of the program amount.

(k)

Deadline for filing application.

(1)

Except as provided in paragraph (2) of this subsection, an application for the tax credit shall be filed on or before June 1 immediately preceding the first taxable year for which the tax credit is sought.

(2)

If a tax credit is granted under § 11-2-202 of this subtitle, an application for the tax credit authorized by this section may be filed any time.

(l)

Submission of application. An application for the tax credit shall be:

(1)

Submitted to the Director of Budget and Finance on forms that the Director requires;

(2)

Accompanied by proof that the property meets the definition of a "high performance building" and other requirements set forth in this section; and

(3)

Under oath.

(m)

Review of application. The Office of Budget and Finance shall:

(1)

Review each application for a tax credit; and

(2)

Grant or deny the application for a tax credit under this section.

(n)

Appeal of denial or termination. A taxpayer whose application for a tax credit under this section is denied or whose tax credit is terminated by action of the Director of Budget and Finance under subsection (h) of this section may appeal the denial or termination as provided in § 11-2-204 of this subtitle.

(o)

Adoption of regulations. The Director of Budget and Finance may adopt regulations in accordance with Article 3, Title 7 of the Code to carry out the provisions of this section.

(p)

Standards for grant or denial of credit.

(1)

If a tax credit is granted under § 11-2-202 of this subtitle and an application is filed for a tax credit under this section, the standards for the grant or denial of the credit are those in effect at the time the tax credit under § 11-2-202 of this subtitle was granted.

(2)

The tax credit shall be applied as provided in § 11-2-202(j) of this subtitle.

(Bill No. 85-06, § 1, 8-24-2006; Bill No. 78-07, § 2, 12-3-2007; Bill No. 21-09, §§ 1, 2, 6-6-2009; Bill No. 56-13, § 1, 12-1-2013)

Editor's note:
  Section 3 of Bill No. 78-07 provides that this Act does not apply to any tax credit granted or applied for under § 11-2-112 of the Baltimore County Code, 2003 before the effective date of the Act except to the extent that any tax credit granted or applied for before the effective date of the Act effects the overall $5,000,000 limitation on the tax credit.