(III) " ELIGIBLE PROJECT COSTS" DOES NOT INCLUDE ANY COSTS
INCURRED BY A BUSINESS ENTITY BEFORE NOTIFYING THE DEPARTMENT OF ITS
INTENT TO SEEK CERTIFICATION AS QUALIFYING FOR THE TAX CREDIT UNDER THIS
SECTION.

(7) "QUALIFIED BUSINESS ENTITY" MEANS A PERSON CONDUCTING OR
OPERATING A TRADE OR BUSINESS IN MARYLAND WHO:

(I) ESTABLISHES OR EXPANDS A BUSINESS FACILITY THAT:

1. IS LOCATED IN A QUALIFIED DISTRESSED COUNTY IN THE

STATE; AND

2. IS LOCATED WITHIN A PRIORITY FUNDING AREA UNDER §
5-7B-02 OF THE STATE FINANCE AND PROCUREMENT ARTICLE OR IS ELIGIBLE FOR
FUNDING OUTSIDE OF A PRIORITY FUNDING AREA UNDER § 5-7B-05 OR § 5-7B-06 OF
THE STATE FINANCE AND PROCUREMENT ARTICLE;

(II) DURING ANY 24-MONTH PERIOD CREATES AT LEAST 25
QUALIFIED POSITIONS AT THE NEW OR EXPANDED BUSINESS FACILITY;

(III) IS PRIMARILY ENGAGED AT THE NEW OR EXPANDED BUSINESS
FACILITY IN THE QUALIFIED DISTRESSED COUNTY IN ONE OR MORE OF THE
FOLLOWING:

1. MANUFACTURING OR MINING;

2. TRANSPORTATION OR COMMUNICATIONS;

3. FILMMAKING, RESORT, AND RECREATIONAL BUSINESS;

4. AGRICULTURE, FORESTRY, OR FISHING;

5. RESEARCH, DEVELOPMENT, OR TESTING;

6. BIOTECHNOLOGY;

7. COMPUTER PROGRAMMING, DATA PROCESSING, OR
OTHER COMPUTER RELATED SERVICES;

8. CENTRAL FINANCIAL, REAL ESTATE, OR INSURANCE

SERVICES;

9. THE OPERATION OF CENTRAL ADMINISTRATIVE OFFICES
OR A COMPANY HEADQUARTERS;

10. A PUBLIC UTILITY;

11. WAREHOUSING; OR

12. BUSINESS SERVICES; AND

(IV) IS CERTIFIED BY THE SECRETARY UNDER SUBSECTION (E) OF
THIS SECTION AS QUALIFYING FOR THE TAX CREDITS UNDER THIS SECTION.