PARRIS N. GLENDENING, Governor

Ch. 672

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

5-903.

(a)     (1) Of the funds distributed to Program Open Space under § 13-209 of the
Tax - Property Article, $1,000,000 may be transferred by an appropriation in the State
budget, or by an amendment to the State budget under Title 7, Subtitle 2 of the State
Finance and Procurement Article, to the Maryland Heritage Areas Authority Financing
Fund established under Title 13, Subtitle 11 of the Financial Institutions Article to be
used for the purposes provided in that subtitle.

(2) (i) Of the remaining funds not appropriated under paragraph (1) of
this subsection, one half of the funds shall be used for recreation and open space
purposes by the Department and the Historic St. Mary's City Commission. Except as
otherwise provided in this section, any funds the General Assembly appropriates to the
State under this subsection shall be used only for land acquisition projects.

(ii) A portion of the State's share of funds available under this
program shall be utilized to make grants to Baltimore City for projects which meet park
purposes. The grants shall be in addition to any funds Baltimore City is eligible to receive
under subsection (b) of this section, and may be used for acquisition or development. In
order for Baltimore City to be eligible for a State grant, the Department shall review
projects or land to be acquired within Baltimore City, and upon the Department's
recommendation, the Board of Public Works may approve projects and land including the
cost. Title to the land shall be in the name of the Mayor and City Council of Baltimore
City. The State is not responsible for costs involved in the development or maintenance of
the land.

(b)     Of the remaining funds not appropriated under subsection (a)(1) of this
section, the General Assembly shall appropriate the other half of the funds to assist local
governing bodies in acquisition and development of land for recreation and open space
purposes.

(c)     A committee, appointed by the Governor, shall prepare and adopt an
apportionment formula relating to the percent of the total funds each subdivision will
receive. The committee consists of two members of the Senate, three members of the
House of Delegates, and four members of the public at large. The Director of the
Maryland Office of Planning and the Secretary shall serve as advisers to the committee.
The committee shall meet at least annually to review and update the apportionment
formula. In determining the allocation formula, the committee shall take into account for
each subdivision (1) current population, (2) projected population, and (3) other factors it
deems desirable. In determining the apportionment for any year the committee may
consider under-utilization of available funds and may transfer or advance unused
allocations that have not been utilized within a given period. The committee may
reallocate funds, subject however to the policy that over the ten-year period any
subdivision shall be allocated in the aggregate the funds it would have been entitled to
receive if able to utilize them. Before adopting an apportionment formula and before
allocating funds for any year, the committee shall notify the governing bodies of every

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