HARRY HUGHES, Governor

2625

(D) (E) WITHIN 60 DAYS FOLLOWING ANY SUBMISSION DATE,
THE SECRETARY MAY DESIGNATE ONE OR MORE ENTERPRISE ZONES
FROM AMONG THE APPLICATIONS SUBMITTED TO THE SECRETARY ON OR
BEFORE THAT SUBMISSION DATE, PROVIDED, HOWEVER, THAT THE
SECRETARY MAY NOT DESIGNATE MORE THAN 6 ENTERPRISE ZONES IN
ANY 12 MONTH PERIOD AND NO POLITICAL SUBDIVISION COUNTY MAY
RECEIVE MORE THAN TWO AREAS 1 AREA DESIGNATED AS ENTERPRISE
ZONES AN ENTERPRISE ZONE IN ANY CALENDAR YEAR. THE
DETERMINATION OF THE SECRETARY AS TO THE AREAS DESIGNATED
ENTERPRISE ZONES SHALL BE FINAL, EXCEPT THAT, FOR ANY AREA
NOT DESIGNATED AN ENTERPRISE ZONE, A POLITICAL SUBDIVISION
MAY REAPPLY AT ANY TIME TO THE SECRETARY FOR DESIGNATION OF
THAT AREA AS AN ENTERPRISE ZONE.

(E) (F) ANY AREA THAT IS DESIGNATED AN ENTERPRISE ZONE
UNDER FEDERAL LAW SHALL AUTOMATICALLY AND WITHOUT ANY
ADDITIONAL ACTION BY THE POLITICAL SUBDIVISION OR THE
SECRETARY BE DESIGNATED AN ENTERPRISE ZONE UNDER THIS
SECTION WITHOUT REGARD TO ANY LIMITATION AS TO THE NUMBER OF
ENTERPRISE ZONES THAT MAY BE DESIGNATED IN ANY 12 MONTH
PERIOD. PERIOD; PROVIDED, HOWEVER, THE INCENTIVES AND
INITIATIVES PROVIDED FOR IN THIS ARTICLE SHALL NOT BE
AVAILABLE TO BUSINESS ENTITIES LOCATED IN AN ENTERPRISE ZONE
DESIGNATED UNDER FEDERAL LAW UNLESS THE SECRETARY AND THE
BOARD OF PUBLIC WORKS SHALL CONSENT TO THE DESIGNATION.

(F) (G) AN APPLICATION BY A POLITICAL SUBDIVISION AND
THE DESIGNATION BY THE SECRETARY OF AN AREA AS AN ENTERPRISE
ZONE SHALL CONSTITUTE THE STATE APPROVAL THAT MAY BE
REQUIRED FOR DESIGNATION AS AN ENTERPRISE ZONE UNDER FEDERAL
LAW.

(G) (H) BEFORE DESIGNATING AN ENTERPRISE ZONE, THE
SECRETARY SHALL CONSULT WITH AND ASK THE ADVICE OF THE
DEPARTMENT'S ADVISORY COMMISSION.

266KK-3. REQUIREMENTS.

(A) THE SECRETARY MAY NOT DESIGNATE ANY AREA AN
ENTERPRISE ZONE UNLESS THAT AREA SATISFIES AT LEAST ONE OF
THE FOLLOWING REQUIREMENTS:

(1)  THE AVERAGE RATE OF UNEMPLOYMENT IN THE
AREA, OR WITHIN A REASONABLE PROXIMITY WITHIN THAT COUNTY OF
TO THAT AREA, FOR THE MOST RECENT 18 MONTH PERIOD FOR WHICH
DATA ARE AVAILABLE MUST BE AT LEAST 150 PERCENT OF THE
AVERAGE RATE OF UNEMPLOYMENT IN EITHER THE STATE OF MARYLAND
OR THE UNITED STATES, WHICHEVER AVERAGE RATE IS GREATER,
DURING THAT SAME PERIOD;

(2)  THE POPULATION IN THE AREA OR WITHIN A
REASONABLE PROXIMITY WITHIN THAT COUNTY TO THAT AREA IS A
LOW-INCOME POVERTY AREA ON THE BASIS OF THE MOST RECENT
CENSUS;