Ch. 755                                    1997 LAWS OF MARYLAND

2. IS PLANNED TO BE SERVED BY PUBLIC OR COMMUNITY
WATER AND SEWER SERVICE WITHIN 6 YEARS UNDER THE CAPITAL IMPROVEMENT
PLAN OF THE LOCAL JURISDICTION IN WHICH THE AREA IS LOCATED; AND

(II) WITH RESPECT TO ANY PART OF THE AREA DELINEATED BY
LOCAL GOVERNMENT FOR RESIDENTIAL USE OR DEVELOPMENT:

1. HAS AN AVERAGE DENSITY OF 3.5 UNITS OR MORE PER
ACRE; OR

2. HAS IN PRACTICE AN AVERAGE DENSITY OF 3.5 UNITS OR
MORE PER ACRE.

5-1102.

(a)     It is the intent of the General Assembly that the job creation tax credits
authorized under this subtitle are for the purpose of increasing the number of new jobs in
the State by encouraging the expansion of existing private sector enterprises and the
establishment or attraction of new private sector enterprises.

(b)     (1) (i) The Secretary shall certify a person as a qualified business entity
eligible for the tax credit under this subtitle if the person satisfies the criteria set forth in
this section.

(ii) A business entity may not be certified as qualifying for the tax
credit under this subtitle unless the business entity notifies the Department of its intent to
seek certification before HIRING ANY QUALIFIED EMPLOYEES TO FILL THE
QUALIFIED POSITIONS NECESSARY TO SATISFY THE REQUIREMENTS OF
PARAGRAPH (2)(I) OF THIS SUBSECTION FOR establishing or expanding the business
facility on which the credit is based.

(2) To qualify for the tax credit provided under this subtitle, a business
entity must establish or expand a business facility in the State that:               

(i) Results in the creation of:

1.       At least 60 qualified positions; [or]                     

2.       At least 30 qualified positions if the aggregate payroll for the
qualified positions is greater than a threshold amount equal to the product of [multiplying
60 times the State's average annual salary, as determined by the Department; [and] OR

3.       AT LEAST 25 QUALIFIED POSITIONS IF THE BUSINESS
FACILITY ESTABLISHED OR EXPANDED BY THE BUSINESS ENTITY IS LOCATED IN A
STATE PRIORITY FUNDING AREA; AND

(ii) Is PRIMARILY engaged in ONE OR MORE OF THE FOLLOWING:

1.       Manufacturing or mining;

2.       Transportation or communications;                     

i

3.       Agriculture, forestry, or fishing;                           

- 4296 -