2270

LAWS OF MARYLAND

Ch. 330

(iii) For projects designated under federal
regulations, State plans, or Departmental regulations provided
for by Section (6)(b) of this Act as eligible for poverty area
funding, State grants shall amount to up to 75 percent of the
eligible cost remaining after the federal grant has been applied.

(iv) For the purposes of this Act, community
development block grant funds shall be considered as local
matching funds and may not be considered as federal grant funds.

(c) The amount of the State grant for any project
shall be determined after consideration of all eligible
applications, the total of unallocated State funds available at
the time the application is received, and such priorities of area
need as may be established by the Department.

(8)  The Board of Public Works shall make allocations from
funds available under this Act in accordance with this Act. The
Board shall certify the allocations to the State Treasurer, and
the Treasurer shall authorize payments to the applicant, when
needed, for the construction, acquisition, renovation, or
equipment equipping of a facility. The Board may adopt
regulations for receiving and considering applications and for
disbursing funds to applicants.

(9)   If, within 15 years after completion of a project, a
community mental health center component, addiction facility,
mental retardation facility, or developmental disabilities
facility with respect to which funds have been paid under this
Act is sold or transferred to any person, agency, or organization
that would not qualify as an applicant under this Act, or that is
not approved as a transferee by the Board of Public Works, or if,
within the same period, such a community mental health center
component, addiction facility, mental retardation facility, or
developmental disabilities facility ceases to be a "facility" as
defined in this Act, then the State may recover from either the
transferor or transferee or, in the case of a community mental
health center component, addiction facility, mental retardation
facility, or developmental disabilities facility that has ceased
to be a "facility" as defined in this Act, from the owner, an
amount bearing the same ratio to the then-current value of so
much of the property as constituted an approved project as the
amount of the State participation bore to the total eligible cost
of the approved project, together with all costs and reasonable
attorneys' fees incurred by the State in the recovery
proceedings.

(a) A notice of this right of recovery shall be
recorded in the land records of the county or Baltimore City in
which the property is located before the State makes any funds
available for an approved project. The recording of the notice
shall not create any lien against the property; however, it shall
constitute notice to any potential transferee, potential
creditor, or other interested party of the possibility that the
State may obtain a lien under this Act.