Ch. 73

1993 LAWS OF MARYLAND

(1)     in the annual budget;

(2)     in [the] AN annual General Construction Loan Act OR IN A
MARYLAND CONSOLIDATED CAPITAL BOND LOAN ACT; or

(3)     as unspent proceeds of an enabling act allocated to the Fund by the
Governor under § 8-129 of this article.

(c)     An appropriation or allocation to the Fund may not be made if it would cause
the total balance in the Fund to exceed [$4,000,000] $2,000,000.

(d)     With the advice and assistance of the Departments of Budget and Fiscal
Planning and General Services, the Fund shall be administered by the Board of Public
Works.

(e)     With the approval of the Governor, the Secretaries of Budget and Fiscal
Planning and General Services may request the Board of Public Works to authorize an
expenditure from the Fund to supplement any capital appropriation that:

(1)     is for a capital project to be owned by the State or a unit of the State
government;

(2)     was contained in a capital appropriation of an annual budget, [or] in an
annual general construction loan, OR IN AN ANNUAL MARYLAND CONSOLIDATED
CAPITAL BOND LOAN; and

(3)     is insufficient in amount to permit the initial award of a contract for the
project to the bidder or offeror selected in accordance with applicable State law.

(f)      The Secretaries of Budget and Fiscal Planning and General Services shall
evaluate any project for additional funding and certify in writing that the project meets
the criteria in subsection (e) of this section and that:

(1) [as determined by the bid or proposal, the requested additional funding
does not exceed the lesser of 7 percent of the total project cost or $1,000,000;

(2)] all reasonable attempts to reduce the cost of the project have been
made;

[(3)](2) no practicable alternative exists for securing funding to complete
the project; and

[(4)](3) the requested additional funding does not increase the scope of the
project.

(g)     (1) PRIOR TO SEEKING APPROVAL FROM THE BOARD OF PUBLIC
WORKS, THE DEPARTMENT OF GENERAL SERVICES AND THE DEPARTMENT OF
BUDGET AND FISCAL PLANNING SHALL:

(I) PROVIDE WRITTEN NOTICE TO THE BUDGET COMMITTEES ON
THE PLANNED USE OF THE FUNDS; AND

(II) ALLOW 45 DAYS FOR REVIEW AND COMMENT BY THE BUDGET
COMMITTEES.

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