EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. [Brackets] indicate matter deleted from existing law. *hb0117* HOUSE BILL 117 M1 4lr0302 (PRE–FILED) CF SB 305 By: Chair, Environment and Transportation Committee (By Request – Departmental – Natural Resources) Requested: September 15, 2023 Introduced and read first time: January 10, 2024 Assigned to: Environment and Transportation A BILL ENTITLED AN ACT concerning 1 Department of Natural Resources – Maryland Geological Survey Fund – 2 Establishment 3 FOR the purpose of establishing the Maryland Geological Survey Fund as a special, 4 nonlapsing fund in the Department of Natural Resources; requiring interest 5 earnings of the Fund to be credited to the Fund; and generally relating to the 6 Maryland Geological Survey Fund. 7 BY repealing and reenacting, without amendments, 8 Article – Natural Resources 9 Section 1–103(b)(2) and 2–202 10 Annotated Code of Maryland 11 (2023 Replacement Volume and 2023 Supplement) 12 BY repealing and reenacting, with amendments, 13 Article – Natural Resources 14 Section 2–101 15 Annotated Code of Maryland 16 (2023 Replacement Volume and 2023 Supplement) 17 BY adding to 18 Article – Natural Resources 19 Section 2–205 20 Annotated Code of Maryland 21 (2023 Replacement Volume and 2023 Supplement) 22 BY repealing and reenacting, without amendments, 23 Article – State Finance and Procurement 24 Section 6–226(a)(2)(i) 25 2 HOUSE BILL 117 Annotated Code of Maryland 1 (2021 Replacement Volume and 2023 Supplement) 2 BY repealing and reenacting, with amendments, 3 Article – State Finance and Procurement 4 Section 6–226(a)(2)(ii)189. and 190. 5 Annotated Code of Maryland 6 (2021 Replacement Volume and 2023 Supplement) 7 BY adding to 8 Article – State Finance and Procurement 9 Section 6–226(a)(2)(ii)191. 10 Annotated Code of Maryland 11 (2021 Replacement Volume and 2023 Supplement) 12 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13 That the Laws of Maryland read as follows: 14 Article – Natural Resources 15 1–103. 16 (b) (2) (i) Unless otherwise authorized by statute, the Secretary may use 17 money in a fund or account created under this article for administrative expenses directly 18 relating to the purposes of the Fund or account up to an amount calculated under a 19 generally accepted methodology for determining indirect costs. 20 (ii) The Secretary shall submit any changes to the methodology used 21 under subparagraph (i) of this paragraph for review and comment to the House 22 Appropriations Committee and the Senate Budget and Taxation Committee within 45 days 23 before implementing the methodology. 24 2–101. 25 (a) In this title the following words have the meanings indicated. 26 (b) “Commission” means Commission of the Maryland Geological Survey. 27 (c) “Department” means Department of Natural Resources. 28 (d) “FUND” MEANS THE MARYLAND GEOLOGICAL SURVEY FUND 29 ESTABLISHED UNDER § 2–205 OF THIS TITLE. 30 (E) “Paleontology” means the branch of geology that deals with prehistoric forms 31 of life through the study of plant and animal fossils. 32 [(e)] (F) “Secretary” means Secretary of Natural Resources. 33 HOUSE BILL 117 3 [(f)] (G) “Survey” means Maryland Geological Survey. 1 2–202. 2 The Survey shall: 3 (1) Conduct topographic, geologic, hydrographic, and geophysical surveys; 4 (2) Prepare topographic, geologic, and other types of maps to meet specific 5 needs; 6 (3) Prepare reports on the extent and character of the State’s geology, 7 mineral, and water resources; and 8 (4) Periodically assess the paleontological resources of the State and 9 coordinate the assessment with interested persons and public agencies. 10 2–205. 11 (A) THERE IS A MARYLAND GEOLOGICAL SURVEY FUND IN THE 12 DEPARTMENT . 13 (B) THE PURPOSE OF THE FUND IS TO FINANCE TH E DIRECT AND INDIREC T 14 COSTS OF ADMINISTERI NG THIS SUBTITLE , INCLUDING LONG –TERM BUDGETING 15 AND PLANNING FOR SURVEY PROJECTS , PROCUREMENTS , AND EQUIPMEN T 16 PURCHASES. 17 (C) THE DEPARTMENT SHALL ADMI NISTER THE FUND. 18 (D) (1) THE FUND IS A SPECIAL , NONLAPSING FUND THAT IS NOT 19 SUBJECT TO § 7–302 OF THE STATE FINANCE AND PROCUREMENT ARTICLE. 20 (2) THE STATE TREASURER SHALL HOLD THE FUND SEPARATELY , 21 AND THE COMPTROLLER SHALL ACC OUNT FOR THE FUND. 22 (E) THE FUND CONSISTS OF : 23 (1) MONEY APPROPRIATED IN THE STATE BUDGET TO THE FUND; 24 (2) INTEREST EARNINGS ; AND 25 (3) ANY OTHER MONEY FROM ANY OTHER SOURCE ACCEPTED FOR 26 THE BENEFIT OF THE FUND. 27 4 HOUSE BILL 117 (F) THE FUND MAY BE USED ONLY FOR: 1 (1) COVERING THE COSTS OF THE OPERATION OF THE SURVEY; 2 (2) PURCHASING AND MAINTA INING EQUIPMENT FOR USE BY THE 3 DEPARTMENT OR THE SURVEY; 4 (3) FUNDING PROJECTS UNDE RTAKEN AND OVERSEEN BY THE 5 SURVEY; 6 (4) ADMINISTERING THIS SU BTITLE; AND 7 (5) ADMINISTRATIVE EXPENS ES CALCULATED IN ACC ORDANCE WITH 8 § 1–103(B)(2) OF THIS ARTICLE. 9 (G) (1) THE STATE TREASURER SHALL INVES T THE MONEY OF THE FUND 10 IN THE SAME MANNER A S OTHER STATE MONEY MAY BE IN VESTED. 11 (2) ANY INTEREST EARNINGS OF THE FUND SHALL BE CREDITE D TO 12 THE FUND. 13 (H) EXPENDITURES FROM THE FUND MAY BE MADE ONLY IN ACCORDANCE 14 WITH THE STATE BUDGET . 15 Article – State Finance and Procurement 16 6–226. 17 (a) (2) (i) Notwithstanding any other provision of law, and unless 18 inconsistent with a federal law, grant agreement, or other federal requirement or with the 19 terms of a gift or settlement agreement, net interest on all State money allocated by the 20 State Treasurer under this section to special funds or accounts, and otherwise entitled to 21 receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 22 Fund of the State. 23 (ii) The provisions of subparagraph (i) of this paragraph do not apply 24 to the following funds: 25 189. the Teacher Retention and Development Fund; [and] 26 190. the Protecting Against Hate Crimes Grant Fund; AND 27 191. THE MARYLAND GEOLOGICAL SURVEY FUND. 28 HOUSE BILL 117 5 SECTION 2. AND BE IT FURTHER ENACTED, That this Act sha ll take effect 1 October 1, 2024. 2