| Old | New | Differences | |
|---|---|---|---|
| 1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 87 | |
| 2 | 1 | ||
| 3 | - | – 1 – | |
| 4 | - | Chapter 87 | |
| 5 | - | (Senate Bill 178) | |
| 6 | 2 | ||
| 7 | - | AN ACT concerning | |
| 3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | + | [Brackets] indicate matter deleted from existing law. | |
| 5 | + | Underlining indicates amendments to bill. | |
| 6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | + | amendment. | |
| 8 | + | *sb0178* | |
| 8 | 9 | ||
| 9 | - | Program Open Space – Local Projects – Federal Funds | |
| 10 | + | SENATE BILL 178 | |
| 11 | + | M1 2lr0093 | |
| 12 | + | (PRE–FILED) | |
| 13 | + | By: Chair, Education, Health, and Environmental Affairs Committee (By Request | |
| 14 | + | – Departmental – Natural Resources) | |
| 15 | + | Requested: October 4, 2021 | |
| 16 | + | Introduced and read first time: January 12, 2022 | |
| 17 | + | Assigned to: Education, Health, and Environmental Affairs | |
| 18 | + | Committee Report: Favorable | |
| 19 | + | Senate action: Adopted | |
| 20 | + | Read second time: February 8, 2022 | |
| 10 | 21 | ||
| 11 | - | FOR the purpose of altering a requirement for an applicant to make a certain certification | |
| 12 | - | relating to the availability of federal funds for a certain project on an application for | |
| 13 | - | a certain local projects grant under Program Open Space; and generally relating to | |
| 14 | - | Program Open Space local projects. | |
| 22 | + | CHAPTER ______ | |
| 15 | 23 | ||
| 16 | - | BY repealing and reenacting, without amendments, | |
| 17 | - | Article – Natural Resources | |
| 18 | - | Section 5–906(c) | |
| 19 | - | Annotated Code of Maryland | |
| 20 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 24 | + | AN ACT concerning 1 | |
| 21 | 25 | ||
| 22 | - | BY repealing and reenacting, with amendments, | |
| 23 | - | Article – Natural Resources | |
| 24 | - | Section 5–906(e) | |
| 25 | - | Annotated Code of Maryland | |
| 26 | - | (2018 Replacement Volume and 2021 Supplement) | |
| 26 | + | Program Open Space – Local Projects – Federal Funds 2 | |
| 27 | 27 | ||
| 28 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 29 | - | That the Laws of Maryland read as follows: | |
| 28 | + | FOR the purpose of altering a requirement for an applicant to make a certain certification 3 | |
| 29 | + | relating to the availability of federal funds for a certain project on an application for 4 | |
| 30 | + | a certain local projects grant under Program Open Space; and generally relating to 5 | |
| 31 | + | Program Open Space local projects. 6 | |
| 30 | 32 | ||
| 31 | - | Article – Natural Resources | |
| 33 | + | BY repealing and reenacting, without amendments, 7 | |
| 34 | + | Article – Natural Resources 8 | |
| 35 | + | Section 5–906(c) 9 | |
| 36 | + | Annotated Code of Maryland 10 | |
| 37 | + | (2018 Replacement Volume and 2021 Supplement) 11 | |
| 32 | 38 | ||
| 33 | - | 5–906. | |
| 39 | + | BY repealing and reenacting, with amendments, 12 | |
| 40 | + | Article – Natural Resources 13 | |
| 41 | + | Section 5–906(e) 14 | |
| 42 | + | Annotated Code of Maryland 15 | |
| 43 | + | (2018 Replacement Volume and 2021 Supplement) 16 | |
| 34 | 44 | ||
| 35 | - | (c) The Department shall administer the local projects portion of Program Open | |
| 36 | - | Space and promulgate and adopt rules and regulations governing submission of | |
| 37 | - | applications and allowable project costs. | |
| 45 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 | |
| 46 | + | That the Laws of Maryland read as follows: 18 | |
| 38 | 47 | ||
| 39 | - | ||
| 48 | + | Article – Natural Resources 19 2 SENATE BILL 178 | |
| 40 | 49 | ||
| 41 | - | (1) The project conforms to the annual program of the local governing body | |
| 42 | - | as provided for in § 5–905(a) of this subtitle; | |
| 43 | 50 | ||
| 44 | - | (2) A governmental agency is charged to manage and administer an | |
| 45 | - | outdoor public recreation and open space program; | |
| 46 | 51 | ||
| 47 | - | (3) Funds are available or will be available within 12 months of the date of | |
| 48 | - | submission of the application to pay the local share of the project cost; | |
| 49 | - | Ch. 87 2022 LAWS OF MARYLAND | |
| 52 | + | 5–906. 1 | |
| 50 | 53 | ||
| 51 | - | ||
| 52 | - | ||
| 53 | - | ||
| 54 | + | (c) The Department shall administer the local projects portion of Program Open 2 | |
| 55 | + | Space and promulgate and adopt rules and regulations governing submission of 3 | |
| 56 | + | applications and allowable project costs. 4 | |
| 54 | 57 | ||
| 55 | - | (5) The applicant has [applied for federal funds and has received | |
| 56 | - | notification of federal approval or disapproval, or the applicant has applied for federal funds | |
| 57 | - | and has not received notification of a grant approval or disapproval within 120 days of | |
| 58 | - | submission of an official federal grant application, or has verified that the project is not | |
| 59 | - | eligible for federal funds] RECEIVED OR NOT RECE IVED FEDERAL FUNDS F OR THE | |
| 60 | - | PROJECT; | |
| 58 | + | (e) The applicant shall certify on each application that: 5 | |
| 61 | 59 | ||
| 62 | - | (6) The Department’s rules and regulations have been complied with; | |
| 60 | + | (1) The project conforms to the annual program of the local governing body 6 | |
| 61 | + | as provided for in § 5–905(a) of this subtitle; 7 | |
| 63 | 62 | ||
| 64 | - | (7) Land acquired or developed under a State grant from Program Open | |
| 65 | - | Space may not be converted, without written approval of the Secretary, the Secretary of the | |
| 66 | - | Department of Budget and Management, and the Secretary of the Department of Planning | |
| 67 | - | from outdoor public recreation or open space use to any other use. Any conversion in land | |
| 68 | - | use may be approved only after the local governing body replaces the land with land of at | |
| 69 | - | least equivalent area and of equal recreation or open space value; and | |
| 63 | + | (2) A governmental agency is charged to manage and administer an 8 | |
| 64 | + | outdoor public recreation and open space program; 9 | |
| 70 | 65 | ||
| 71 | - | (8) (i) For any conversion of land acquired or developed under a State | |
| 72 | - | grant from Program Open Space as provided in paragraph (7) of this subsection, the | |
| 73 | - | appraised monetary value of the land proposed for acquisition shall be equal to or greater | |
| 74 | - | than the appraised monetary value of the land to be converted, under the proposed new use | |
| 75 | - | of the converted land. | |
| 66 | + | (3) Funds are available or will be available within 12 months of the date of 10 | |
| 67 | + | submission of the application to pay the local share of the project cost; 11 | |
| 76 | 68 | ||
| 77 | - | ( | |
| 78 | - | ||
| 69 | + | (4) The value or interest in the land proposed for acquisition has been 12 | |
| 70 | + | established by qualified appraisers; 13 | |
| 79 | 71 | ||
| 80 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July | |
| 81 | - | 1, 2022. | |
| 72 | + | (5) The applicant has [applied for federal funds and has received 14 | |
| 73 | + | notification of federal approval or disapproval, or the applicant has applied for federal funds 15 | |
| 74 | + | and has not received notification of a grant approval or disapproval within 120 days of 16 | |
| 75 | + | submission of an official federal grant application, or has verified that the project is not 17 | |
| 76 | + | eligible for federal funds] RECEIVED OR NOT RECE IVED FEDERAL FUNDS F OR THE 18 | |
| 77 | + | PROJECT; 19 | |
| 82 | 78 | ||
| 83 | - | Approved by the Governor, April 12, 2022. | |
| 79 | + | (6) The Department’s rules and regulations have been complied with; 20 | |
| 80 | + | ||
| 81 | + | (7) Land acquired or developed under a State grant from Program Open 21 | |
| 82 | + | Space may not be converted, without written approval of the Secretary, the Secretary of the 22 | |
| 83 | + | Department of Budget and Management, and the Secretary of the Department of Planning 23 | |
| 84 | + | from outdoor public recreation or open space use to any other use. Any conversion in land 24 | |
| 85 | + | use may be approved only after the local governing body replaces the land with land of at 25 | |
| 86 | + | least equivalent area and of equal recreation or open space value; and 26 | |
| 87 | + | ||
| 88 | + | (8) (i) For any conversion of land acquired or developed under a State 27 | |
| 89 | + | grant from Program Open Space as provided in paragraph (7) of this subsection, the 28 | |
| 90 | + | appraised monetary value of the land proposed for acquisition shall be equal to or greater 29 | |
| 91 | + | than the appraised monetary value of the land to be converted, under the proposed new use 30 | |
| 92 | + | of the converted land. 31 | |
| 93 | + | ||
| 94 | + | (ii) The State shall consider these funds in excess of the encumbered 32 | |
| 95 | + | Program Open Space funds to the local jurisdiction. 33 | |
| 96 | + | ||
| 97 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34 SENATE BILL 178 3 | |
| 98 | + | ||
| 99 | + | ||
| 100 | + | 1, 2022. 1 | |
| 101 | + | ||
| 102 | + | ||
| 103 | + | ||
| 104 | + | ||
| 105 | + | Approved: | |
| 106 | + | ________________________________________________________________________________ | |
| 107 | + | Governor. | |
| 108 | + | ________________________________________________________________________________ | |
| 109 | + | President of the Senate. | |
| 110 | + | ________________________________________________________________________________ | |
| 111 | + | Speaker of the House of Delegates. |