Ch. 63 LAWS OF MARYLAND

(C) (1) THERE IS A BAY ACCESS AREAS FUND.

(2) A PORTION OF THE FUNDS AVAILABLE UNDER THIS
PROGRAM FOR STATE PROJECTS MAY BE APPROPRIATED IN THE STATE
BUDGET FOR THE BAY ACCESS AREAS FUND.

(3) THE DEPARTMENT MAY USE FUNDS AVAILABLE IN THE
BAY ACCESS AREAS FUND TO PURCHASE SITES THAT PROVIDE PUBLIC
ACCESS TO A BODY OF WATER.

(4) IN PURCHASING SITES UNDER THIS SUBSECTION, THE
DEPARTMENT SHALL GIVE PREFERENCE TO SITES THAT:

(I) 1. ARE DIRECTLY ON THE BAY; OR

2. ARE ON A TRIBUTARY OF THE BAY AND ARE
NEAR THE BAY;

(II) ARE NEAR A POPULATION CENTER;

(III) ARE READILY ACCESSIBLE BY THE PUBLIC; AND

(IV) WOULD FULFILL A NEED FOR PUBLIC WATER ACCESS
IDENTIFIED IN THE STATE COMPREHENSIVE OUTDOOR RECREATION
AND LAND PRESERVATION PLAN OR A LOCAL RECREATION AND PARKS
MASTER PLAN.

(5) (I) THE DEPARTMENT MAY NOT MAKE EXPENDITURES
FROM THE BAY ACCESS AREAS FUND UNTIL THE BUDGET COMMITTEES
OF THE GENERAL ASSEMBLY HAVE APPROVED THE RELEASE OF THE
FUNDS.

(II) THE BUDGET COMMITTEES OF THE GENERAL
ASSEMBLY SHALL BE DEEMED TO HAVE APPROVED THE RELEASE OF
FUNDS FOR A PROJECT IF THEY FAIL TO RESPOND WITHIN 45 DAYS
AFTER WRITTEN NOTICE BY THE DEPARTMENT OF A PROPOSED
PROJECT.

(6) ANY EXPENDITURE OF FUNDS FROM THE BAY ACCESS
AREAS FUND IS SUBJECT TO THE APPROVAL OF THE BOARD OF PUBLIC
WORKS.

5-905.

(a) The local governing body shall submit every project request for acquisition
or development under this program to the Department for report and evaluation of the
benefits to be achieved by the grant. Any municipal corporation may apply by
submitting local project applications through its local governing body to the
Department. The Department shall review the proposed project and shall request the
Office of Planning to review and comment on it. PRIOR TO APPROVING A LOCAL
PROJECT, THE DEPARTMENT SHALL PROVIDE THE LEGISLATORS FROM
ANY THE DISTRICT IN WITHIN WHICH ANY PART OF THE PROPOSED

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