Current with changes from the 2024 Legislative Session
Section 3-904 - Definitions(a) As used in this subtitle, the words and terms listed in this section have the meaning given, unless the context clearly indicates another or different meaning.(b) "Bonds" means all bonds, bond anticipation notes, revenue anticipation notes, grant anticipation notes, or other evidences of indebtedness of the Authority, whether general or limited obligations of the Authority.(c) "Cost" shall include the purchase price of any project or the cost of acquiring all or any portion of the right, title, or interest of a project and the amount to be paid to discharge all obligations necessary or desirable to vest title to the project or any part thereof in the Authority or other owner; the cost of any reconstruction, extension, enlargement, alteration, repair or improvement; the cost of all lands, properties, rights, easements, franchises, and permits; the cost of all labor, machinery, and equipment; financing charges; interest prior to and during construction and if, deemed desirable by the Authority, for a limited period after the completion of construction; reserves for principal and interest and for extensions, enlargements, additions and improvements; the cost of revenue estimates, engineering and legal services, plans, designs, specifications, surveys, investigations, demonstrations, studies, estimates of cost, other expenses necessary or incident to determining the feasibility or practicability of any such acquisition, improvement, repair or construction; administrative expenses, and other expenses as necessary or incident to the financings herein authorized, and to the acquisition, operation, maintenance, improvement, construction of a project and the placing of the same in operation by the Authority, including reasonable provision for working capital. Any obligation or expense incurred prior to the issuance of bonds under the provisions of this subtitle in connection with the foregoing items of cost may be regarded as a part of such cost.(d) The word "county" includes the Mayor and City Council of Baltimore unless otherwise indicated.(e) "Person" means any natural person, corporation, firm, partnership, cooperative, or other entity.(f)(1) "Project" means the facilities and properties used or useful or having present capacity for future use in connection with: (i) The transporting, transferring, compacting, burying, incinerating, reduction, composting, collection, storage, treatment, utilization, processing, or final disposal of waste;(ii) The conversion of waste to fuel, steam, electricity, energy, or other resources or the generation of steam, electricity, or other forms of energy from fuel which is derived from, or is otherwise related to, waste;(iii) The reconstruction, converting or otherwise recycling of waste into material which is not waste or which is useful or is marketable; or(iv) Any combination of the foregoing (whether or not such facilities are located on a single site). The term "project" also includes but shall not be limited to: 1. Waste disposal facilities, pollution control facilities, and facilities for generating and furnishing electric energy or gas or other forms of energy which can be financed by bonds the interest on which is exempt from income tax under the Internal Revenue Code, whether such interest would have been tax exempt at the time of the enactment of this subtitle or of any amendment thereto; and2. Any facilities and properties within the definition of "project" set forth in this section, whether or not such facilities or properties can be financed by bonds the interest on which is tax exempt under the Internal Revenue Code, it being the purpose and intent of this subtitle that the term "project" be liberally construed so as to effectuate the purposes of this subtitle.(2) The term "project" includes (without limitation) land, buildings, structures, machinery, equipment, rail or motor vehicles, barges, boats, and all properties and rights therein and appurtenances thereof, rights-of-way, franchises, easements and other interests in land, all land and facilities which are functionally related and subordinate to the project and all patents, licenses and other rights necessary or useful in the construction or operation of a project.(g) "Resolution of participation" means the resolution filed by a county with the Secretary of State and the Department of Legislative Services in order to evidence the consent of the county to participate in the activities of the Authority in accordance with the provisions of this subtitle.(h) "Revenues" means, but is not necessarily limited to, all money received by the Authority from or in connection with any project, including (without limitation) grants, rentals, rates, fees, charges for the use of the services furnished or available and all other income inuring to the Authority; provided that the Authority, from time to time, may further define or limit the term "revenues" as applied to a particular project, financing, or other matter.(i) "Subdivision" means any county, municipal corporation, sanitary district, State or local agency, or other public body or agency created or established by or pursuant to State or local law, ordinance, or resolution.(j) "Wastes" means all waste materials, whether solid, liquid or gas, including but not limited to garbage, refuse, and other discarded materials, waste materials resulting from industrial, commercial and agricultural operations and from community activities, rubbish, ashes, incinerator residue, wastewater treatment residue, street cleanings, dead animals, demolition and construction debris, discarded household appliances, automobile bodies, offal and paunch manure.