Maryland Statutes
Subtitle 11 - Clean Energy Loan Programs
Section 1-1105 - Surcharge Required

(a)    Subject to subsection (c) of this section, a program shall require a property owner to repay a loan provided under the program through a surcharge on the owner’s property tax bill.
    (b)    Except for a surcharge authorized under subsection (c) of this section, a county or municipality may not set a surcharge greater than an amount that allows the county or municipality to recover the costs associated with:
        (1)    issuing bonds to finance the loan; and
        (2)    administering the program.
    (c)    With the express consent of any holder of a mortgage or deed of trust on a commercial property that is to be financed through a loan to the commercial property owner under the program:
        (1)    a county or municipality may collect loan payments owed to a private lender or to the county or the municipality for a loan to a commercial property owner, and costs associated with administering the program, through a surcharge on the property owner’s property tax bill;
        (2)    an unpaid surcharge under this subsection shall be, until paid, a lien on the real property on which it is imposed from the date it becomes payable; and
        (3)    the provisions of Title 14, Subtitle 8 of the Tax – Property Article that apply to a tax lien shall also apply to a lien created under this subsection.
    (d)    A person who acquires property subject to a surcharge under this section assumes the obligation to pay the surcharge.

Structure Maryland Statutes