982

LAWS OF MARYLAND

Ch. 11

However, the Commission to Revise the Annotated Code
notes, for the consideration by the General Assembly,
that, if in fact, these references are intended merely
to affect the statute of limitations, a statement to
that effect would be clearer.

The Commission also notes that the General Assembly
may wish to clarify the meaning of the word "work" in
subsection (a)(1) of this section.

7-238. DEPARTMENT OF TRANSPORTATION.

(A)  DEFINITIONS.

(1)  IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "CAPITAL PROJECT" MEANS A PROJECT FOR WHICH FUNDS
ARE SPENT FOR:.

(I)  THE CONSTRUCTION, RECONSTRUCTION, OR
REHABILITATION OF A TRANSPORTATION FACILITY, AS DEFINED IN §
3-101(L) OF THE TRANSPORTATION ARTICLE; OR

(II)  CAPITAL EQUIPMENT AS DEFINED BY THE
SECRETARY OF TRANSPORTATION.

(3)  "MAJOR CAPITAL PROJECT" HAS THE MEANING STATED IN
§ 2-103.1 OF THE TRANSPORTATION ARTICLE.

(4)  "MODAL ADMINISTRATION" HAS THE MEANING STATED IN
§ 1-101 OF THE TRANSPORTATION ARTICLE.

(B)  LIMITATION.

EXCEPT FOR AN EMERGENCY PROJECT, THE DEPARTMENT OF
TRANSPORTATION, INCLUDING THE OFFICE OF THE SECRETARY AND THE
MODAL ADMINISTRATIONS, MAY NOT USE AN APPROPRIATION FOR A MAJOR
CAPITAL PROJECT FOR ANY CAPITAL PROJECT THAT WAS NOT INCLUDED IN
THE CONSOLIDATED TRANSPORTATION PROGRAM WHEN THE APPROPRIATION
WAS MADE.

REVISOR'S NOTE: Subsection (a)(1) and (2) of this section
formerly appeared as Art. 15A, § 9A(a)(l) and (3).

Subsection (a)(3) of this section is new language
based on the reference, in former Art. 15A, § 9A(d),
to "major capital expenditures". Since, in TR §
2-103.1, which provides for the Consolidated
Transportation Program, the term "[m]ajor capital
project" is defined and used, that term is used in
subsections (a)(3) and (b) of this section.

Subsection (a)(4) of this section is new language
substituted for former Art. 15A, § 9A(a)(6), which