Ch. 115                                    1994 LAWS OF MARYLAND

SECTION 6. AND BE IT FURTHER ENACTED. That with the approval of the
Department of Budget and Fiscal Planning, any appropriation for construction provided
in this Act may be used to purchase capital equipment if the amount of the appropriation
exceeds the amount required for construction expenses, including allowances for
contingencies,

SECTION 7. AND BE IT FURTHER ENACTED. That except as otherwise
provided in this Act, before a State agency or institution named in this Act as responsible
for an individual item may begin work with funds appropriated by this Act, the agency or
institution shall provide satisfactory evidence to the Board of Public Works that the work
described in the individual item can be completed with the funds specified for that item.

SECTION 8. AND BE IT FURTHER ENACTED, That with the approval of the
Department of Budget and Fiscal Planning, any appropriation under the provisions of this
Act that is in excess of the amount needed for a project may be credited to the
Construction Contingency Fund created by Section—1(3), Item 23.05.02(E) of the
Maryland Consolidated Capital Bond Loan of 1992 and codified under § 3-609 of the
State Finance and Procurement Article as amended by Section 4 of this Act, and provided

that:

(a) an appropriation may not be credited to the Construction Contingency Fund
until a construction contract has been awarded: and

(b) that the balance of the Construction Contingency Fund may not exceed
$2,000,000; and

(c) that a summary report on the sources and uses of the Fund shall be submitted
to the budget committees by January 1, 1995.

SECTION 9 8. AND BE IT FURTHER ENACTED, That if federal funds are
available to help accomplish any project identified in this Act, the State agency or
institution responsible for the project shall make efforts through proper administrative
procedures to obtain these federal funds. Before spending any funds appropriated by this
Act, the agency or institution shall certify its efforts to the Board of Public Works and
state the reason for any failure to obtain federal funds. If federal funds are obtained, they
shall be used to defray the costs of the project described in this Act. and not to expand its
scope.

SECTION 10. 9. AND BE IT FURTHER ENACTED. That for any appropriation
for planning of a State-owned project provided in this Act, if 8 program required by §
3-602(d) of the State Finance and Procurement Article has not been submitted, then the
State agency or institution responsible for the project shall submit a program to the
Department of Budget and Fiscal Planning for approval before funds may be expended
from the appropriation. For any appropriation for construction of a State-owned project
provided in this Act, if preliminary plans and outline specifications required by §
3-602(f)(2)(i) of the State Finance and Procurement Article have not been prepared.
then the State agency or institution responsible for the project shall submit preliminary
plans and outline specifications to the Department of Budget and Fiscal Planning for
approval before funds may be expended from the appropriation.

- 1400 -