EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0178*
SENATE BILL 178
M1 2lr0093
(PRE–FILED)
By: Chair, Education, Health, and Environmental Affairs Committee (By Request
– Departmental – Natural Resources)
Requested: October 4, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Program Open Space – Local Projects – Federal Funds 2
FOR the purpose of altering a requirement for an applicant to make a certain certification 3
relating to the availability of federal funds for a certain project on an application for 4
a certain local projects grant under Program Open Space; and generally relating to 5
Program Open Space local projects. 6
BY repealing and reenacting, without amendments, 7
Article – Natural Resources 8
Section 5–906(c) 9
Annotated Code of Maryland 10
(2018 Replacement Volume and 2021 Supplement) 11
BY repealing and reenacting, with amendments, 12
Article – Natural Resources 13
Section 5–906(e) 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Natural Resources 19
5–906. 20
(c) The Department shall administer the local projects portion of Program Open 21
Space and promulgate and adopt rules and regulations governing submission of 22
applications and allowable project costs. 23 2 SENATE BILL 178
(e) The applicant shall certify on each application that: 1
(1) The project conforms to the annual program of the local governing body 2
as provided for in § 5–905(a) of this subtitle; 3
(2) A governmental agency is charged to manage and administer an 4
outdoor public recreation and open space program; 5
(3) Funds are available or will be available within 12 months of the date of 6
submission of the application to pay the local share of the project cost; 7
(4) The value or interest in the land proposed for acquisition has been 8
established by qualified appraisers; 9
(5) The applicant has [applied for federal funds and has received 10
notification of federal approval or disapproval, or the applicant has applied for federal funds 11
and has not received notification of a grant approval or disapproval within 120 days of 12
submission of an official federal grant application, or has verified that the project is not 13
eligible for federal funds] RECEIVED OR NOT RECE IVED FEDERAL FUNDS F OR THE 14
PROJECT; 15
(6) The Department’s rules and regulations have been complied with; 16
(7) Land acquired or developed under a State grant from Program Open 17
Space may not be converted, without written approval of the Secretary, the Secretary of the 18
Department of Budget and Management, and the Secretary of the Department of Planning 19
from outdoor public recreation or open space use to any other use. Any conversion in land 20
use may be approved only after the local governing body replaces the land with land of at 21
least equivalent area and of equal recreation or open space value; and 22
(8) (i) For any conversion of land acquired or developed under a State 23
grant from Program Open Space as provided in paragraph (7) of this subsection, the 24
appraised monetary value of the land proposed for acquisition shall be equal to or greater 25
than the appraised monetary value of the land to be converted, under the proposed new use 26
of the converted land. 27
(ii) The State shall consider these funds in excess of the encumbered 28
Program Open Space funds to the local jurisdiction. 29
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 30
1, 2022. 31