EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1066*
HOUSE BILL 1066
P1 4lr2292
CF SB 977
By: Delegate Henson
Introduced and read first time: February 7, 2024
Assigned to: Appropriations
A BILL ENTITLED
AN ACT concerning 1
African American Heritage Preservation Grant Fund – Alterations 2
FOR the purpose of altering the uses of the African American Heritage Preservation Grant 3
Fund to include grants to an African American heritage organization for a certain 4
purpose; providing that the Grant Fund shall be jointly administered by the 5
Commission on African American History and Culture and the Maryland Historical 6
Trust; allocating certain money in the Grant Fund to be used for certain purposes; 7
altering the required contents of a certain application for a certain grant; granting 8
to the Commission the sole authority to award a grant from the Grant Fund to an 9
African American heritage organization for a certain purpose; and generally relating 10
to the African American Heritage Preservation Grant Fund. 11
BY repealing and reenacting, without amendments, 12
Article – State Finance and Procurement 13
Section 5A–301(a) and (m) 14
Annotated Code of Maryland 15
(2021 Replacement Volume and 2023 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – State Finance and Procurement 18
Section 5A–330 19
Annotated Code of Maryland 20
(2021 Replacement Volume and 2023 Supplement) 21
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23
Article – State Finance and Procurement 24
5A–301. 25
2 HOUSE BILL 1066
(a) In this subtitle the following words have the meanings indicated. 1
(m) “Trust” means the Maryland Historical Trust. 2
5A–330. 3
(a) (1) In this section the following words have the meanings indicated. 4
(2) “AAHP Grant Fund” means the African American Heritage 5
Preservation Grant Fund of the COMMISSION AND THE Trust. 6
(3) “African American Heritage Grant” means a grant made: 7
(I) under the Program; OR 8
(II) TO AN AFRICAN AMERICAN HERITAGE ORG ANIZATION TO 9
FUND THE ORGANIZATION ’S OPERATIONS AND ACTIVITIES. 10
(4) “African American Heritage Preservation Project” means a capital 11
project that: 12
(i) preserves buildings, communities, and sites of historical and 13
cultural importance to the African American experience in the State; and 14
(ii) is for: 15
1. the acquisition of land or buildings; or 16
2. the construction or improvement of land or buildings. 17
(5) “Commission” means the Commission on African American History and 18
Culture. 19
(6) “Construction or improvement” means planning, design, engineering, 20
alteration, construction, reconstruction, enlargement, expansion, extension, improvement, 21
replacement, rehabilitation, renovation, upgrading, repair, or capital equipping. 22
(7) “Program” means the African American Heritage Preservation 23
Program. 24
(8) “Secretary” means the Secretary of Planning. 25
(b) (1) There is an African American Heritage Preservation Program in the 26
Trust. 27
HOUSE BILL 1066 3
(2) The purpose of the Program is to identify and preserve buildings, 1
communities, and sites of historical and cultural importance to the African American 2
experience in the State. 3
(3) The Trust shall develop and administer the Program in partnership 4
with the Commission. 5
(c) (1) There is an African American Heritage Preservation Grant Fund in the 6
Trust. 7
(2) The COMMISSION AND THE Trust shall JOINTLY administer the 8
AAHP Grant Fund. 9
(3) (I) The AAHP Grant Fund may be used only for African American 10
Heritage Grants. 11
(II) UP TO 30% OF THE MONEY IN THE AAHP GRANT FUND IN 12
ANY YEAR MAY BE ALLOCATED FOR GRA NTS TO AFRICAN AMERICAN HERITAGE 13
ORGANIZATIONS TO FUN D THE ORGANIZATIONS ’ OPERATIONS AND ACTIVITIES. 14
(4) (i) The AAHP Grant Fund is a special, nonlapsing fund that is not 15
subject to reversion under § 7–302 of this article. 16
(ii) The State Treasurer shall hold the AAHP Grant Fund separately 17
and the Comptroller shall account for the AAHP Grant Fund. 18
(5) The AAHP Grant Fund consists of: 19
(i) money appropriated in the State budget to the Program; 20
(ii) investment earnings of the AAHP Grant Fund; 21
(iii) any other money from any other source accepted for the benefit 22
of the AAHP Grant Fund; and 23
(iv) money received from the sale of State general obligation bonds. 24
(6) For each fiscal year, the Governor shall include in the annual operating 25
or capital budget an appropriation of $5,000,000 to the AAHP Grant Fund. 26
(7) (i) The State Treasurer shall invest the money of the AAHP Grant 27
Fund in the same manner as other State money. 28
(ii) Any investment earnings of the AAHP Grant Fund shall be paid 29
into the AAHP Grant Fund. 30
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(8) Expenditures from the AAHP Grant Fund may be made only in 1
accordance with the State budget. 2
(d) (1) On or before a date established annually by the Trust and the 3
Commission and subject to availability of money in the AAHP Grant Fund, an individual 4
or a business entity, nonprofit organization, or political subdivision may submit an 5
application for an African American Heritage Grant to the Trust. 6
(2) An application shall include: 7
(i) a description of the scope and purpose of the project; 8
(ii) IF THE APPLICATION I S FOR A GRANT FOR AN AFRICAN 9
AMERICAN HERITAGE PRESERVATION PROJECT, a building plan that includes the 10
estimated total cost of the project; and 11
(iii) any other information required by the Trust and the 12
Commission. 13
(e) An African American Heritage Grant to a business entity, an individual, or a 14
political subdivision may not exceed $500,000. 15
(f) (1) The Trust and the Commission shall: 16
(i) review all grant applications submitted in accordance with 17
subsection (d) of this section; 18
(ii) except as provided under subsection (g) of this section, consider 19
a grant application competitively against all other grant applications submitted during the 20
same fiscal year; and 21
(iii) EXCEPT AS PROVIDED I N SUBSECTION (M) OF THIS SECTION, 22
make recommendations regarding each application to the Secretary for the award of 23
African American Heritage Grants. 24
(2) In making recommendations under this subsection, the Trust and the 25
Commission shall consider: 26
(i) the public necessity and urgency of a project; 27
(ii) the need for additional sources of funding for a project; 28
(iii) the estimated cost and timeliness of executing a project; 29
(iv) geographic diversity; and 30
HOUSE BILL 1066 5
(v) any other criteria determined by the Trust and the Commission 1
to be relevant. 2
(g) (1) In any fiscal year, the Secretary may reserve up to 20% of the money 3
available in the AAHP Grant Fund to award African American Heritage Grants to eligible 4
emergency African American Heritage Preservation Projects not otherwise applied for in 5
accordance with subsection (d) of this section. 6
(2) The application for an emergency grant shall include any information 7
required by the Trust. 8
(3) The Trust and the Commission shall: 9
(i) review all applications for emergency grants; and 10
(ii) for each application for an emergency grant, make 11
recommendations to the Secretary on whether to award the grant. 12
(h) (1) THIS SUBSECTION APPLI ES ONLY TO AN AFRICAN AMERICAN 13
HERITAGE GRANT FOR AN AFRICAN AMERICAN HERITAGE PRESERVATION 14
PROJECT. 15
(2) The Secretary shall: 16
(i) review each grant application submitted under subsection (d) or 17
(g) of this section and the recommendations of the Trust and the Commission; 18
(ii) consider: 19
1. the applications and recommendations under the criteria 20
set forth in subsection (f)(2) of this section; and 21
2. if the grant was submitted under subsection (g) of this 22
section, the nature of the emergency; and 23
(iii) subject to paragraph [(2)] (3) of this subsection, make the final 24
decision to award the grant or deny the application. 25
[(2)] (3) The Secretary may award a grant under the Program only for an 26
African American Heritage Preservation Project. 27
(i) On or before December 31 of each year, the Trust and the Commission shall 28
report to the Governor and, in accordance with § 2–1257 of the State Government Article, 29
the General Assembly, on the financial status and the activities of the Program and the 30
AAHP Grant Fund for the prior fiscal year. 31
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(j) (1) THIS SUBSECTION APPLI ES ONLY TO AN AFRICAN AMERICAN 1
HERITAGE GRANT FOR AN AFRICAN AMERICAN HERITAGE PRESERVATION 2
PROJECT. 3
(2) Except as provided in paragraph [(3)] (4) of this subsection, the Trust 4
shall require a grantee awarded an African American Heritage Grant to enter into an 5
agreement to preserve and maintain the property for which the grant was awarded. 6
[(2)] (3) If the property is historic real property, the agreement shall be a 7
recordable historic preservation easement. 8
[(3)] (4) The Director may waive the agreement or easement requirement 9
if the Director determines that an agreement or easement is impracticable, infeasible, or 10
not necessary under the circumstances. 11
(k) (1) Subject to paragraph (2) of this subsection, the Secretary, in 12
consultation with the Commission, shall adopt regulations to implement the Program. 13
(2) A proposed regulation that relates to approval by the Board of Public 14
Works of grants to be financed through the sale of State general obligation bonds may not 15
be adopted under paragraph (1) of this subsection unless the regulation is approved by the 16
Board of Public Works. 17
(l) To the extent required by regulations adopted under subsection (k) of this 18
section, the Trust and the Commission shall submit to the Board of Public Works for the 19
Board’s approval each African American Heritage Grant that is to be financed through the 20
sale of State general obligation bonds. 21
(M) THE COMMISSION HAS THE SOLE AUTHORI TY TO AWARD A GRANT TO AN 22
AFRICAN AMERICAN HERITAGE ORG ANIZATION TO FUND TH E ORGANIZATION ’S 23
OPERATIONS AND ACTIV ITIES. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2024. 26