Ch. 135

2004 LAWS OF MARYLAND

(2) ANY PROJECT OR PROGRAM UNDER PROGRAM OPEN SPACE IS NOT
SUBJECT TO THE PROVISIONS OF §§ 7-305(D)(3) AND 8-128(C) OF THE STATE FINANCE
AND PROCUREMENT ARTICLE. IN ANY FISCAL YEAR IN WHICH FUNDING FOR
PROGRAM OPEN SPACE IS PROVIDED THROUGH THE STATE CONSOLIDATED CAPITAL
BOND FUNDING PROGRAM OR OTHER BOND ENABLING ACT, THE DEBT ALLOCATIONS
SHALL BE PROVIDED TO THE DEPARTMENT OF NATURAL RESOURCES AND THE
DEPARTMENT SHALL ALLOCATE FUNDS AMONG LOCAL GOVERNING BODIES
ACCORDING TO THE APPORTIONMENT FORMULA DESCRIBED IN § 5-903 OF THIS
SUBTITLE.

5-905.

(a) (1) On or before May 1 of each year, the Department shall notify each
local governing body of its allocation of local acquisition and development funds for
the next fiscal year within the limits imposed by the formula developed for the
apportionment of the annual appropriations for Program Open Space.

(2)     (i) By the first of July each year, a participating local governing
body shall submit an annual program of proposed acquisition and development
projects, together with a list of projects submitted by any municipal corporation to the
local governing body and not included in the local governing body's annual program,
to the Department of Planning for review and to the Department for approval.

(ii) A municipal corporation may submit an annual program
through its local governing body.

(3)     (i) Upon review by the Department of Planning and approval by
the Department and the Board of Public Works, THE ALLOCATED FUNDS SHALL BE
ENCUMBERED FOR THE PURPOSES OF §§ 7-305(D)(3) AND 8-128(C) OF THE STATE
FINANCE AND PROCUREMENT ARTICLE, AND the annual program shall become the
basis for a grant agreement for the total allocation to each of the local governing
bodies.

(ii) Prior to approval of a local annual program, or any revision
thereof, the Department shall provide the legislators from the district within which
any part of the local jurisdiction is located the opportunity to review and comment on
the annual program or its revisions.

(4)     Any program may be revised by the local governing body and the
revised program, after the Department of Planning reviews and the Department
approves it, shall be substituted for the original program in the grant agreement.

(5)     (i) In accordance with the Department's regulations, upon receipt
of evidence from the local governing body of a county or municipal corporation that
funds have been spent on a project that is approved in the grant agreement, the
Department shall cause the requested amount of funds from the local governing
body's allocation to be reimbursed to the local governing body.

(ii) Any municipal corporation may submit evidence of
expenditures for approved projects through its local governing body to the
Department.

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