1282

LAWS OF MARYLAND

Ch. 315

(ii) A State grant shall provide up to 50
percent of the eligible cost remaining after the federal grant
has been applied.

(iii) For projects designated under federal
regulations, State plans, or the 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 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 proper State officers,
and the Treasurer shall make payments to the applicant, when
needed, for the construction, acquisition, renovation, or
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 facility, 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 facility, 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
facility, 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) Before the State makes any funds available for an
approved project, the Department shall cause notice of this right
of recovery to be recorded in the land records of the county or