[HISTORY: Adopted by the Board of County Commissioners 12-8-2020 by Bill No. 2020-07. Amendments noted where applicable.]
The Resilience Authority of Charles County will undertake and
support resilience infrastructure projects, that mitigate the effects
of climate change by offering a range of financing structures, forms,
and techniques and leverages public and private investment and stimulates
demand for resilience infrastructure projects throughout Charles County.
A.
The impacts
from climate change are happening now in communities across the state
of Maryland; and
B.
These impacts
include rising temperatures, major rain and storm events, sea level
rise, and changes in precipitation patterns; and
C.
Those things
that Maryland communities depend upon and value - natural resources
and ecosystems, energy, transportation, agriculture, cultural and
historic resources, human health, and economic growth - are experiencing,
and will continue to experience, the effects of climate changes; and
D.
Communities
in coastal states account for nearly half of the nation's population
and economic activity, and that cumulative damage to property in those
areas could reach $ 3.5 trillion by 2060; and
E.
Local governments
will bear much of the responsibility and cost required to mitigate
the impacts of climate change through infrastructure investment; and
F.
A Resilience
Authority can work in partnership with Charles County to accelerate
infrastructure financing, reduce the cost of implementation, and mitigate
and manage the risks of climate change.
In this section the following words have the meanings indicated.
Costs incurred for acquisition, planning, design, construction,
repair, renovation, reconstruction, expansion, site improvement, and
capital equipping.
The President of the Board of Commissioners.
Includes sea level rise, nuisance flooding, increased rainfall
events, erosion, and temperature rise.
A legislative act of Charles County.
The authority incorporated by Charles County in accordance
with this chapter whose purpose is to undertake or support resilience
infrastructure projects.
A project to finance or refinance the capital costs associated
with resilience infrastructure.
A.
Charles
County is authorized to create a Resilience Authority by local law
in accordance with this chapter.
C.
Notwithstanding any other provision of law, Subsection A of this section is self-executing and fully authorizes Charles County to establish a Resilience Authority.
D.
The local law adopted under Subsection A of this section shall include proposed articles of incorporation of the Resilience Authority of Charles County that state the following:
(1)
The
name of the Resilience Authority, shall be the "Resilience Authority
of Charles County";
(2)
The
Resilience Authority is formed under this chapter;
(3)
The
names, addresses, and terms of office of the initial members of the
Board of Directors of the Resilience Authority are enumerated in the
governing bylaws that are hereby incorporated by reference;
(4)
The
address of the principal office of the Resilience Authority of Charles
County is 200 Baltimore Avenue, La Plata, Maryland 20646;
(5)
The
purposes for which the Resilience Authority is formed; and
(6)
The
powers of the Resilience Authority, subject to the limitations on
the powers of a Resilience Authority under this chapter.
E.
(1)
The
President of the Board of Commissioners, or any other official designated
in this local law establishing the Resilience Authority, shall execute
and file the articles of incorporation of the Resilience Authority
for record with the State Department of Assessments and Taxation.
(2)
When
the State Department of Assessments and Taxation accepts the articles
of incorporation for record:
(a)
The Resilience Authority becomes a body politic and corporate and
an instrumentality of Charles County government; and
(b)
The President of the Board of Commissioners, or any other official
designated in the local law establishing the Resilience Authority,
shall submit the articles of incorporation, in accordance with §
2-1257 of the State Government article, to:
[1]
The Senate Budget and Taxation Committee and the Senate Education,
Health, and Environmental Affairs Committee; and
[2]
The House Appropriations Committee and the House Environment and
Transportation Committee.
[3]
Acceptance of the articles of incorporation for record by the State
Department of Assessments and Taxation is conclusive evidence of the
formation of the Resilience Authority.
F.
(1)
The
Board of Commissioners shall approve any amendment to the articles
of incorporation of the Resilience Authority.
(2)
Articles
of amendment may contain any provision that lawfully could be contained
in articles of incorporation at the time of the amendment.
(3)
The
articles of amendment shall be filed for record with the State Department
of Assessments and Taxation.
(4)
The
articles of amendment are effective as of the time the State Department
of Assessments and Taxation accepts the articles for record.
(5)
Acceptance
of the articles of amendment for record by the State Department of
Assessments and Taxation is conclusive evidence that the articles
have been lawfully and properly adopted.
G.
(1)
Subject
to the provisions of this chapter and any limitations imposed by law
on the impairment of contracts, the Charles County government, in
its sole discretion, by local law may:
(a)
Set or change the powers, structure, organization, procedures, programs,
or activities of the Resilience Authority;
(b)
Determine the revenue sources of the Resilience Authority, including
the use of general fund revenue and general obligation bonds;
(c)
Establish the budgetary and financial procedures of the Resilience
Authority; and
(d)
Terminate the Resilience Authority
A.
Officers
governing the Resilience Authority and employees of the Resilience
Authority shall be appointed or hired as provided by local law and
the bylaws of the Resilience Authority.
B.
Except
as otherwise provided in this chapter, the procedures of the Charles
County government control any personnel matter relating to the internal
administration of the Resilience Authority.
Except as necessary to pay debt service or implement the public
purposes or programs of the Charles County government, the net earnings
of the Resilience Authority of Charles County may benefit only the
Charles County government and may not benefit any person.
A.
Except
as limited by the local law establishing the Resilience Authority
or its articles of incorporation, the Resilience Authority has all
the powers under this chapter.
B.
The Resilience
Authority has and may exercise all powers necessary or convenient
to undertake, finance, manage, acquire, own, convey, or support resilience
infrastructure projects, including the power to:
(1)
Acquire
by purchase, lease, or other legal means, but not by eminent domain,
property for resilience infrastructure;
(2)
Establish,
construct, alter, improve, equip, repair, maintain, operate, and regulate
resilience infrastructure owned by the Charles County government or
the Resilience Authority;
(3)
Receive
money from the Charles County government, the state, other governmental
units, or private organizations;
(4)
Charge
and collect fees for its services;
(5)
Subject
to the approval of the Board of Commissioners, charge and collect
fees to back its bond issuances;
(6)
Have
employees and consultants as it considers necessary;
(7)
Use
the services of other governmental units; and
(8)
Act
as necessary or convenient to carry out the powers granted to it by
law.
A.
For each
issue of its bonds, the Resilience Authority shall adopt a resolution
that:
(1)
Specifies
and describes the resilience infrastructure;
(2)
Generally,
describes the public purpose to be served and the financing transaction;
(3)
Specifies
the maximum principal amount of the bonds that may be issued; and
(4)
Imposes
terms or conditions on the issuance and sale of bonds it considers
appropriate.
B.
The Resilience
Authority, by resolution, may:
(1)
Specify,
determine, prescribe, and approve matters, documents, and procedures
that relate to the authorization, sale, security, issuance, delivery,
and payment of and for the bonds;
(2)
Create
security for the bonds;
(3)
Provide
for the administration of bond issues through trust or other agreements
with a bank or trust company that cover a countersignature on a bond,
the delivery of a bond, or the security for a bond; and
(4)
Take
other action it considers appropriate concerning the bonds.
A.
The principal
of and interest on bonds, the transfer of bonds, and any income derived
from the bonds, including profits made in their sale or transfer,
are forever exempt from state and local taxes.
B.
A contract
for a resilience infrastructure project may provide that payment shall
be made in bonds.
C.
A bond
is not subject to the limitations of §§ 19-205 and 19-206
of the Local Government article of the Annotated Code of Maryland.
A finding by the Board of Commissioners or the Board of Directors
of the Resilience Authority as to the public purpose of an action
taken under this chapter, and the appropriateness of that action to
serve the public purpose, is conclusive in a proceeding involving
the validity or enforceability of a bond, or security for a bond,
issued under this title.
Notwithstanding any other provision of law or charter, the Board
of County Commissioners may dedicate any revenues of the Charles County
government for repayment of bonds and to support the operations or
resilience infrastructure projects of the Resilience Authority.
If multiple counties or municipalities establish a Resilience
Authority:
Nothing in this chapter may be construed to:
A.
On January
1 of each year, in a format designated by the Board of County Commissioners,
the Resilience Authority shall, report to the Board of Commissioners
on the activities of the Resilience Authority.
B.
(1)
Subject to Subsection B(2) of this subsection, on or before the January 1 after the Resilience Authority is established by the Charles County government in accordance with this chapter, and on or before January 1 of each year thereafter, the Resilience Authority shall submit a report in accordance with § 2-1257 of the State Government article to:
