PARRIS N. GLENDENING, Governor

Ch. 584

2. Are on a tributary of the bay and are near the bay;

(ii) Are near a population center;

(iii) Are readily accessible by the public; and

(iv) Would fulfill a need for public water access identified in the
Maryland Land Preservation and Recreation Plan or a local land preservation and
recreation plan.

(5)      (i) [The] BEFORE THE Department [may not make] MAKES AN
EXPENDITURE [expenditures] from the Bay Access Areas [Fund until the] 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 45 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 Bay Access Areas Fund is subject to
the approval of the Board of Public Works.

(D) (1) NOTWITHSTANDING § 4-412 OF THE STATE FINANCE . AND
PROCUREMENT ARTICLE, THE DEPARTMENT AND THE MARYLAND
ENVIRONMENTAL TRUST, WITH THE APPROVAL OF THE BOARD OF PUBLIC WORKS,
MAY:

(I)       USE STATE PROJECT FUNDS UNDER PROGRAM OPEN SPACE TO
CONTRIBUTE TOWARDS, OR REIMBURSE THE DEPARTMENT OF TRANSPORTATION
FOR, A PORTION OF THE COSTS OF ACQUIRING ANY FEE TITLES, RESTRICTIVE
COVENANTS, OR CONSERVATION EASEMENTS FOR WHICH THE DEPARTMENT OF
TRANSPORTATION SPENDS FEDERAL FUNDS FOR TRANSPORTATION
ENHANCEMENTS, AS DEFINED IN TITLE 23, UNITED STATES CODE, §§ 101(A) AND 133;
AND

(II)     ACQUIRE THE FEE TITLES, RESTRICTIVE COVENANTS, OR
CONSERVATION EASEMENTS FROM THE DEPARTMENT OF TRANSPORTATION OR
ANY OF ITS AGENTS.

(2) STATE PROJECT FUNDS UNDER PROGRAM OPEN SPACE MAY BE
USED TO CONTRIBUTE TOWARD, OR REIMBURSE THE DEPARTMENT OF
TRANSPORTATION FOR, A PORTION OF THE COSTS OF ACQUIRING ANY FEE TITLES,
AS SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION, ONLY FOR ACQUISITIONS
THAT ARE CONTAINED IN THE MOST CURRENT CONSOLIDATED TRANSPORTATION
PLAN OF THE STATE.

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