Ch. 539                                          LAWS OF MARYLAND

(C) (1) SUBJECT TO THE APPROPRIATION PROCESS IN THE ANNUAL
OPERATING BUDGET, THE DEPARTMENT SHALL USE THE MARYLAND CLEAN AIR
FUND FOR:

(I)  ACTIVITIES CONDUCTED UNDER THIS TITLE AND
TITLE 6, SUBTITLE 4 OF THIS ARTICLE THAT ARE RELATED TO
IDENTIFYING, MONITORING, AND CONTROLLING REGULATING AIR POLLUTION
IN THIS STATE OR ASBESTOS REMOVAL OR ENCAPSULATING IN THIS STATE,
INCLUDING PROGRAM DEVELOPMENT OF THESE ACTIVITIES AS PROVIDED IN
THE STATE BUDGET; AND

(II)  PROVIDING GRANTS TO LOCAL GOVERNMENTS TO
SUPPLEMENT FUNDING FOR PROGRAMS CONDUCTED BY LOCAL GOVERNMENTS
THAT ARE CONSISTENT WITH THIS SUBTITLE TITLE AND THE STATE
PROGRAM.

(2)  SUBJECT TO TITLE 10, SUBTITLE 1 OF THE STATE
GOVERNMENT ARTICLE (ADMINISTRATIVE PROCEDURE ACT - REGULATIONS),

THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS FOR THE
MANAGEMENT AND USE OF THE MONEY IN THE FUND.

(3)  AT THE END OF THE FISCAL YEAR, THE DEPARTMENT
SHALL PREPARE AN ANNUAL REPORT ON THE MARYLAND CLEAN AIR FUND
THAT INCLUDES AN ACCOUNTING OF ALL FINANCIAL RECEIPTS AND
EXPENDITURES TO AND FROM THE FUND AND SHALL:

(I)  PROVIDE A COPY OF THE REPORT TO THE GENERAL
ASSEMBLY, AS PROVIDED UNDER § 2-1312 OF THE STATE GOVERNMENT
ARTICLE; AND

(II)  UPON REQUEST, MAKE THE REPORT AVAILABLE TO
PERMIT HOLDERS UNDER THIS TITLE.

(4)  WHEN THE FUND EQUALS OR EXCEEDS A MAXIMUM LIMIT
OF $750,000, ADDITIONAL MONEYS RECEIVED FOR THE FUND BY THE
DEPARTMENT SHALL BE DEPOSITED TO THE GENERAL FUND.

2-403.

(a) (1) The Department, by rule or regulation, shall
require and collect a fee for each permit issued under § 2-401 of
this subtitle;

(2) IN ADOPTING THE RULES AND REGULATIONS UNDER THIS
SECTION, THE DEPARTMENT SHALL CONSULT WITH INDUSTRY TO DETERMINE

THAT THE PERMIT FEE IS REASONABLE AND DIRECTLY RELATED TO THE
ACTUAL COST OF THE PERMITTING AND REGULATORY ACTIVITY, AND DOES

NOT EXCEED A CERTAIN DOLLAR AMOUNT.

[(c) The Department shall pay all funds collected under
this section into the General Fund of this State.]

2-612.

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