3790

LAWS OF MARYLAND

Ch. 796

(6)  Not more than 5 million dollars ($5,000,000) may
be used by the Board of Public Works to provide financial
assistance for projects to control agriculturally related
nonpoint sources of water pollution.

(7)  Financial assistance for projects to control
agriculturally related nonpoint sources of water pollution may
only be provided for projects in areas in which the potential for
water pollution from agriculture is substantial. A grant for
this purpose shall be used TO finance the best management
pollution control practices. The portion of the eligible cost
of any project not defrayed by monies authorized under this Act
may be provided by a person participating in the project as part
of a cost sharing agreement with the Department of Agriculture if
otherwise authorized by law.

(8)  The cost of a project eligible for State
financial assistance under this subsection and which is not
receiving federal financial assistance shall include equipment,
construction, land, easements and rights-of-way. However, the
cost of a project to control nonpoint sources of agriculturally
related water pollution may not include land or interests in land
or the costs of operating and maintaining best management
practices. In the case where the Department has ordered the
Maryland Environmental Service to provide a project to abate
pollution or to correct the deficient operation of a water
supply, wastewater, or solid waste project of a municipality or
person, as provided in Title 3 of the Natural Resources Article
or the Health Environmental Article of the Code, the eligible
cost of a project shall be as authorized under Natural Resources
Article Section 3-101(b), as amended.

(9)  All State loans extended under this subsection
shall be subject to the same conditions and limitations
applicable to loans for sewer facilities under subsection (c) of
this section except for the requirements of subsection (c)(4) and
those requirements which impose a dollar ceiling limitation on
the principal amount of the loan.

(10)  A loan guarantee of the principal of or interest
on any commercial loan or obligation to finance an eligible
project under this subsection to a governmental corporation may
only be made if the applicant certifies that it is unable to
obtain on reasonable terms sufficient credit to finance its
actual needs without such guarantee and if the Board of Public
Works determines that there is a reasonable assurance of
repayment of the loan obligation.

(11)  The Secretary of the Department of Health and
Mental Hygiene shall report on or before January 1 of each year
to the Governor and the General Assembly on the status of Bonds
Funds for the construction of facilities under this Act. His
report shall indicate funds expended, funds committed, and funds
remaining; and a list of projects for which funds have been