Ch. 584                                    1995 LAWS OF MARYLAND

5-904.

(b)     (1) There is an Advance Option and Purchase Fund.

(2)     A portion of funds available under this program for State projects may
be appropriated in the State budget for the Advance Option and Purchase Fund.

(3)     (I) The Department may use funds available in the Advance Option
and Purchase Fund to obtain options to purchase lands in targeted areas or to otherwise
purchase land.

(II) NOTWITHSTANDING THE PROVISIONS OF § 10-306 OF THE
STATE FINANCE AND PROCUREMENT ARTICLE, ANY MONEYS RECEIVED BY THE
STATE AS CONSIDERATION FOR PROPERTY ACQUIRED UNDER THIS SUBTITLE
SHALL BE DEPOSITED IN THE ADVANCE OPTION AND PURCHASE FUND.

(4)     Funds available in the Advance Option and Purchase Fund shall be
allocated in the following order of priority:

(i) First to obtain an option on any parcel of land in a targeted area in
advance of purchase, or to purchase a specific tract of land in a targeted area; and

(ii) Then to purchase property on which an option has been obtained
or any other parcel of land.

(5)     (i) [The] BEFORE THE Department [may not make expenditures]
MAKES AN EXPENDITURE from the Advance Option and Purchase [Fund until] FUND,
THE DEPARTMENT SHALL SUBMIT THE PROPOSED EXPENDITURE WITH COMPLETE
SUPPORTING DOCUMENTATION TO the budget committees of the General Assembly
[have approved the release of the funds] FOR REVIEW AND COMMENT BY THOSE
COMMITTEES.

(ii) The budget committees [of the General Assembly shall be deemed
to have approved the release of funds for a project if they fail to respond within 4.5 days
after written notice by the Department of a proposed project] HAVE 45 DAYS AFTER
RECEIPT OF THE DOCUMENTATION TO SUBMIT COMMENTS TO THE BOARD OF
PUBLIC WORKS.

(6)     Any expenditure of funds from the Advance Option and Purchase Fund
is subject to the approval of the Board of Public Works.

(c)     (1) There is a Bay Access Areas Fund.

(2)     A portion of the funds available under this program for State projects
may be appropriated in the State budget for the Bay Access Areas Fund.

(3)     The Department may use funds available in the Bay Access Areas Fund
to purchase sites that provide public access to a body of water.

(4)     In purchasing sites under this subsection, the Department shall give
preference to sites that:

(i) 1. Are directly on the bay; or
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