HARRY HUGHES, Governor

2153

SECTION 3. AND BE IT FURTHER ENACTED, That section(s)
of the Annotated Code of Maryland be repealed, amended, or
enacted to read as follows:

Article - Natural Resources

8-1005.

(C)   IF IT APPEARS REASONABLY LIKELY THAT FUNDS WILL
BE AVAILABLE FOR AN APPROVED SHORE EROSION CONTROL PROJECT,
THE DEPARTMENT SHALL DEVELOP COMPLETE PLANS, SPECIFICATIONS,
AND ALL INFORMATION NECESSARY TO SOLICIT FIRM BIDS FOR
CONSTRUCTION OF THE PROJECT. AFTER SELECTION OF A
CONTRACTOR, IN ACCORDANCE WITH NORMAL COMPETITIVE BIDDING
PROCEDURES, THE DEPARTMENT SHALL ADVISE THE PROPERTY OWNER
OF THE ESTIMATED COST FOR THE COMPLETION OF ALL WORK. THE
PROPERTY OWNER THEN MAY ELECT TO ABANDON THE PROJECT, AND
FORFEIT ANY INITIAL DEPOSIT REQUIRED UNDER THE RULES AND
REGULATIONS OF THE DEPARTMENT.

(D)   IF, AFTER COMPLETION OF THE PROCEDURES REQUIRED
UNDER SUBSECTION (C) OF THIS SECTION, THE PROPERTY OWNER
DECIDES TO PROCEED WITH THE PROJECT, THE PROVISIONS OF THIS
SUBSECTION SHALL APPLY.

(1)   THE PROPERTY OWNER SHALL EXECUTE A WRITTEN
NOTICE TO PROCEED, ON A FORM PROVIDED BY THE DEPARTMENT, AND
SHALL PAY ANY PROPERTY OWNER'S CASH CONTRIBUTION REQUIRED
UNDER THIS SUBTITLE. THIS ACTION SHALL CONSTITUTE AN
IRREVOCABLE COMMITMENT BY THE PROPERTY OWNER TO COMPLETION
OF THE PROJECT IN ACCORDANCE WITH THE PROVISIONS OF THIS
SUBTITLE, INCLUDING AUTHORIZATION FOR THE DEPARTMENT TO
INCUR COSTS UP TO 10 PERCENT IN EXCESS OF THE ESTIMATED COST
ABOVE.

(2)   ANY EXCESS COSTS WITHIN THE 10 PERCENT
LIMIT SHALL NOT ACT TO INCREASE THE PROPERTY OWNER'S CASH
CONTRIBUTION BUT SHALL BE INCLUDED IN THE NET PROJECT
CONSTRUCTION COST FOR PURPOSES OF ASSESSING BENEFIT CHARGES
AT THE CONCLUSION OF THE PROJECT.

(3)   THE DEPARTMENT SHALL AT THIS TIME CAUSE A
NOTICE OF LIEN TO BE RECORDED AMONG THE LAND RECORDS OF THE
COUNTY WHERE THE BENEFITED PROPERTY IS LOCATED. THE NOTICE
SHALL GENERALLY DESCRIBE THE PROVISIONS OF § 8-1006 OF THIS
SUBTITLE REGARDING LIEN PRIORITY AND THE ASSUMPTION OF
LIABILITY BY A PURCHASER OF A BENEFITED PROPERTY.

(4)   THE DEPARTMENT SHALL AWARD A CONSTRUCTION
CONTRACT FOR THE PROJECT, SHALL SUPERVISE ACTUAL
CONSTRUCTION WORK, AND MAKE REASONABLE EFFORTS TO ENSURE
THAT THE PROJECT IS COMPLETED IN ACCORDANCE WITH ALL
SPECIFICATIONS, AND IN A MANNER THAT CONFORMS TO NORMAL
INDUSTRY PRACTICE. IN THIS REGARD, THE DEPARTMENT ALONE
SHALL BE RESPONSIBLE, IN ITS OWN DISCRETION, FOR NEGOTIATING
ANY CHANGES IN THE CONSTRUCTION CONTRACT AND FOR DETERMINING
WHEN THE PROJECT IS SATISFACTORILY COMPLETE IN ALL RESPECTS.