3756                                         LAWS OF MARYLAND                                     Ch. 794

PORTIONS OF THE CHESAPEAKE BAY CRITICAL AREA PROPOSED FOR
EXCLUSION UNDER PARAGRAPH (1) OF THIS SUBSECTION, TOGETHER WITH
ALL FACTUAL INFORMATION AND EXPERT OPINION SUPPORTING ITS
FINDINGS UNDER THIS SUBSECTION:

(3) THE COMMISSION SHALL APPROVE A LOCAL
JURISDICTION'S DESIGNATION OF PORTIONS TO BE EXCLUDED UNLESS THE
COMMISSION FINDS, BASED ON STATED REASONS, THAT THE DECISION OF
THE LOCAL JURISDICTION WAS:

(I) NOT SUPPORTED BY COMPETENT AND MATERIAL
EVIDENCE; OR

(II) ARBITRARY OR CAPRICIOUS.

(4) IF THE COMMISSION DEVELOPS THE PROGRAM TO BE
APPLIED IN A LOCAL JURISDICTION, IT SHALL EXCLUDE AREAS AS
APPROPRIATE TO MEET THE INTENT OF PARAGRAPH (1) OF THIS
SUBSECTION.

(C) THE CHESAPEAKE BAY CRITICAL AREA SHALL CONSIST OF:

(1) THOSE AREAS DESIGNATED IN SUBSECTION (A) OF THIS
SECTION, EXCEPT ANY AREAS EXCLUDED IN ACCORDANCE WITH SUBSECTION
(B) OF THIS SECTION; AND

(2) ADDITIONAL AREAS PROPOSED FOR INCLUSION BY LOCAL
JURISDICTIONS AND APPROVED BY THE COMMISSION.

8-1808.

(A) (1) IT IS THE INTENT OF THIS SUBTITLE THAT EACH LOCAL
JURISDICTION SHALL HAVE PRIMARY RESPONSIBILITY FOR DEVELOPING AND
IMPLEMENTING A PROGRAM, SUBJECT TO REVIEW AND APPROVAL BY THE
COMMISSION.

(2) THE GOVERNOR SHALL INCLUDE IN THE 1986 FISCAL
YEAR BUDGET ONLY, A SUM OF MONEY TO REIMBURSE EACH LOCAL
JURISDICTION AN AMOUNT OF MONEY THAT IS SUFFICIENT TO DEFRAY THE
COSTS INVOLVED IN DEVELOPING A PROGRAM UNDER THIS SECTION.

(2) THE GOVERNOR SHALL INCLUDE IN THE BUDGET A SUM OF
MONEY TO BE USED FOR GRANTS TO REIMBURSE LOCAL JURISDICTIONS FOR
THE REASONABLE COSTS OF DEVELOPING A PROGRAM UNDER THIS SECTION-
EACH LOCAL JURISDICTION SHALL SUBMIT TO THE GOVERNOR BY OCTOBER
31, 1984, A DETAILED REQUEST FOR FUNDS THAT ARE EQUIVALENT TO THE
ADDITIONAL COSTS INCURRED IN DEVELOPING THE PROGRAM UNDER THIS
SECTION.

(B) A PROGRAM SHALL CONSIST OF THOSE ELEMENTS WHICH ARE
NECESSARY OR APPROPRIATE TO:

(1) MINIMIZE ADVERSE IMPACTS ON WATER QUALITY THAT
RESULT FROM POLLUTANTS THAT ARE DISCHARGED FROM STRUCTURES OR
CONVEYANCES OR THAT HAVE RUN OFF FROM SURROUNDING LANDS;