3120                                   LAWS OF MARYLAND                                 Ch. 805

earlier approval, the commission becomes legally liable to
third parties, the county governing body shall be
responsible for any such liability, and the settlement or
release of claims for such liabilities, if any, shall be
accomplished by the county governing body upon such basis as
it may negotiate with the claimant or by its payment of any
final judgment of any court award, and it shall have a right
to intervene in any such court proceedings prior to judgment
and to interpose any and all defenses available to it or the
commission; and provided further, that the county governing
body shall be responsible for reimbursing the commission for
any expenditures made to third parties for services or
property directly attributable to the commission's
implementation of any project which is modified or vetoed
and made obsolete or unnecessary by any such change. The
commission's right, title and interest in any items for
which reimbursement has been made shall be conveyed to the
county governing body.

(4) Within five days after its final action,
annually, with respect to the commission's capital
improvements program submitted to it, each county governing
body shall transmit to the commission notification of such
action, giving the details of any changes or modifications
and showing fulfillment of any of the herein above mentioned
specified conditions which may be applicable to such action.

(d) (1) The commission shall review, and where
required by the county governing body's final action on the
program, revise the same and then prior to the commencement
of the first fiscal year of the six-year program, adopt the
capital improvements program. The capital budget of the
commission for such succeeding fiscal year shall make
provision for undertaking the approved projects for the
first year of the approved six-year capital improvements
program. No such capital improvements program shall be
undertaken, in whole or in part, which is not in conformity
with that part of the program applicable to that year unless
the same shall be included in the capital improvements
program by way of an amendment thereto, initiated by a
county governing body or proposed by the commission, with an
amendment to be subject to public hearing by the county
governing body upon reasonable advance notice thereof to the
public and requiring final county governing body action,
notice to the commission, and commission adoption as
specified for the annual six-year capital improvements
program. Any material change from a finally adopted
six-year program shall require an amendment to the program
before the project may be constructed. Normal deviations
from the last estimated construction costs, changes in
location necessitated by right of way acquisition problems
or conditions found in the field at the time of preparation
of actual construction plans and modification of estimated
sizes or lengths of construction items, shall not be
considered material changes so long as service from the
project as constructed is not provided, with respect to
sewer projects, beyond the area approved therefor, including