MD
Maryland Senate Bill SB977

Maryland 2024 Regular Session

Maryland Senate Bill SB977 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 *sb0977*
66
77 SENATE BILL 977
88 P1 4lr2748
99 CF HB 1066
1010 By: Senator Jackson
1111 Introduced and read first time: February 2, 2024
1212 Assigned to: Budget and Taxation
1313
1414 A BILL ENTITLED
1515
1616 AN ACT concerning 1
1717
1818 African American Heritage Preservation Grant Fund – Alterations 2
1919
2020 FOR the purpose of altering the uses of the African American Heritage Preservation Grant 3
2121 Fund to include grants to an African American heritage organization for a certain 4
2222 purpose; providing that the Grant Fund shall be jointly administered by the 5
2323 Commission on African American History and Culture and the Maryland Historical 6
2424 Trust; allocating certain money in the Grant Fund to be used for certain purposes; 7
2525 altering the required contents of a certain application for a certain grant; granting 8
2626 to the Commission the sole authority to award a grant from the Grant Fund to an 9
2727 African American heritage organization for a certain purpose; and generally relating 10
2828 to the African American Heritage Preservation Grant Fund. 11
2929
3030 BY repealing and reenacting, without amendments, 12
3131 Article – State Finance and Procurement 13
3232 Section 5A–301(a) and (m) 14
3333 Annotated Code of Maryland 15
3434 (2021 Replacement Volume and 2023 Supplement) 16
3535
3636 BY repealing and reenacting, with amendments, 17
3737 Article – State Finance and Procurement 18
3838 Section 5A–330 19
3939 Annotated Code of Maryland 20
4040 (2021 Replacement Volume and 2023 Supplement) 21
4141
4242 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
4343 That the Laws of Maryland read as follows: 23
4444
4545 Article – State Finance and Procurement 24
4646
4747 5A–301. 25
4848 2 SENATE BILL 977
4949
5050
5151 (a) In this subtitle the following words have the meanings indicated. 1
5252
5353 (m) “Trust” means the Maryland Historical Trust. 2
5454
5555 5A–330. 3
5656
5757 (a) (1) In this section the following words have the meanings indicated. 4
5858
5959 (2) “AAHP Grant Fund” means the African American Heritage 5
6060 Preservation Grant Fund of the COMMISSION AND THE Trust. 6
6161
6262 (3) “African American Heritage Grant” means a grant made: 7
6363
6464 (I) under the Program; OR 8
6565
6666 (II) TO AN AFRICAN AMERICAN HERITAGE ORGANIZATIO N TO 9
6767 FUND THE ORGANIZATIO N’S OPERATIONS AND ACT IVITIES. 10
6868
6969 (4) “African American Heritage Preservation Project” means a capital 11
7070 project that: 12
7171
7272 (i) preserves buildings, communities, and sites of historical and 13
7373 cultural importance to the African American experience in the State; and 14
7474
7575 (ii) is for: 15
7676
7777 1. the acquisition of land or buildings; or 16
7878
7979 2. the construction or improvement of land or buildings. 17
8080
8181 (5) “Commission” means the Commission on African American History and 18
8282 Culture. 19
8383
8484 (6) “Construction or improvement” means planning, design, engineering, 20
8585 alteration, construction, reconstruction, enlargement, expansion, extension, improvement, 21
8686 replacement, rehabilitation, renovation, upgrading, repair, or capital equipping. 22
8787
8888 (7) “Program” means the African American Heritage Preservation 23
8989 Program. 24
9090
9191 (8) “Secretary” means the Secretary of Planning. 25
9292
9393 (b) (1) There is an African American Heritage Preservation Program in the 26
9494 Trust. 27
9595 SENATE BILL 977 3
9696
9797
9898 (2) The purpose of the Program is to identify and preserve buildings, 1
9999 communities, and sites of historical and cultural importance to the African American 2
100100 experience in the State. 3
101101
102102 (3) The Trust shall develop and administer the Program in partnership 4
103103 with the Commission. 5
104104
105105 (c) (1) There is an African American Heritage Preservation Grant Fund in the 6
106106 Trust. 7
107107
108108 (2) The COMMISSION AND THE Trust shall JOINTLY administer the 8
109109 AAHP Grant Fund. 9
110110
111111 (3) (I) The AAHP Grant Fund may be used only for African American 10
112112 Heritage Grants. 11
113113
114114 (II) UP TO 30% OF THE MONEY I N THE AAHP GRANT FUND IN 12
115115 ANY YEAR MAY BE ALLO CATED FOR GRANTS TO AFRICAN AMERICAN HERITAGE 13
116116 ORGANIZATIONS TO FUN D THE ORGANIZATIONS ’ OPERATIONS AND ACTIV ITIES. 14
117117
118118 (4) (i) The AAHP Grant Fund is a special, nonlapsing fund that is not 15
119119 subject to reversion under § 7–302 of this article. 16
120120
121121 (ii) The State Treasurer shall hold the AAHP Grant Fund separately 17
122122 and the Comptroller shall account for the AAHP Grant Fund. 18
123123
124124 (5) The AAHP Grant Fund consists of: 19
125125
126126 (i) money appropriated in the State budget to the Program; 20
127127
128128 (ii) investment earnings of the AAHP Grant Fund; 21
129129
130130 (iii) any other money from any other source accepted for the benefit 22
131131 of the AAHP Grant Fund; and 23
132132
133133 (iv) money received from the sale of State general obligation bonds. 24
134134
135135 (6) For each fiscal year, the Governor shall include in the annual operating 25
136136 or capital budget an appropriation of $5,000,000 to the AAHP Grant Fund. 26
137137
138138 (7) (i) The State Treasurer shall invest the money of the AAHP Grant 27
139139 Fund in the same manner as other State money. 28
140140
141141 (ii) Any investment earnings of the AAHP Grant Fund shall be paid 29
142142 into the AAHP Grant Fund. 30
143143 4 SENATE BILL 977
144144
145145
146146 (8) Expenditures from the AAHP Grant Fund may be made only in 1
147147 accordance with the State budget. 2
148148
149149 (d) (1) On or before a date established annually by the Trust and the 3
150150 Commission and subject to availability of money in the AAHP Grant Fund, an individual 4
151151 or a business entity, nonprofit organization, or political subdivision may submit an 5
152152 application for an African American Heritage Grant to the Trust. 6
153153
154154 (2) An application shall include: 7
155155
156156 (i) a description of the scope and purpose of the project; 8
157157
158158 (ii) IF THE APPLICATION I S FOR A GRANT FOR AN AFRICAN 9
159159 AMERICAN HERITAGE PRESERVATION PROJECT, a building plan that includes the 10
160160 estimated total cost of the project; and 11
161161
162162 (iii) any other information required by the Trust and the 12
163163 Commission. 13
164164
165165 (e) An African American Heritage Grant to a business entity, an individual, or a 14
166166 political subdivision may not exceed $500,000. 15
167167
168168 (f) (1) The Trust and the Commission shall: 16
169169
170170 (i) review all grant applications submitted in accordance with 17
171171 subsection (d) of this section; 18
172172
173173 (ii) except as provided under subsection (g) of this section, consider 19
174174 a grant application competitively against all other grant applications submitted during the 20
175175 same fiscal year; and 21
176176
177177 (iii) EXCEPT AS PROVIDED I N SUBSECTION (M) OF THIS SECTION, 22
178178 make recommendations regarding each application to the Secretary for the award of 23
179179 African American Heritage Grants. 24
180180
181181 (2) In making recommendations under this subsection, the Trust and the 25
182182 Commission shall consider: 26
183183
184184 (i) the public necessity and urgency of a project; 27
185185
186186 (ii) the need for additional sources of funding for a project; 28
187187
188188 (iii) the estimated cost and timeliness of executing a project; 29
189189
190190 (iv) geographic diversity; and 30
191191 SENATE BILL 977 5
192192
193193
194194 (v) any other criteria determined by the Trust and the Commission 1
195195 to be relevant. 2
196196
197197 (g) (1) In any fiscal year, the Secretary may reserve up to 20% of the money 3
198198 available in the AAHP Grant Fund to award African American Heritage Grants to eligible 4
199199 emergency African American Heritage Preservation Projects not otherwise applied for in 5
200200 accordance with subsection (d) of this section. 6
201201
202202 (2) The application for an emergency grant shall include any information 7
203203 required by the Trust. 8
204204
205205 (3) The Trust and the Commission shall: 9
206206
207207 (i) review all applications for emergency grants; and 10
208208
209209 (ii) for each application for an emergency grant, make 11
210210 recommendations to the Secretary on whether to award the grant. 12
211211
212212 (h) (1) THIS SUBSEC TION APPLIES ONLY TO AN AFRICAN AMERICAN 13
213213 HERITAGE GRANT FOR AN AFRICAN AMERICAN HERITAGE PRESERVATION 14
214214 PROJECT. 15
215215
216216 (2) The Secretary shall: 16
217217
218218 (i) review each grant application submitted under subsection (d) or 17
219219 (g) of this section and the recommendations of the Trust and the Commission; 18
220220
221221 (ii) consider: 19
222222
223223 1. the applications and recommendations under the criteria 20
224224 set forth in subsection (f)(2) of this section; and 21
225225
226226 2. if the grant was submitted under subsection (g) of this 22
227227 section, the nature of the emergency; and 23
228228
229229 (iii) subject to paragraph [(2)] (3) of this subsection, make the final 24
230230 decision to award the grant or deny the application. 25
231231
232232 [(2)] (3) The Secretary may award a grant under the Program only for an 26
233233 African American Heritage Preservation Project. 27
234234
235235 (i) On or before December 31 of each year, the Trust and the Commission shall 28
236236 report to the Governor and, in accordance with § 2–1257 of the State Government Article, 29
237237 the General Assembly, on the financial status and the activities of the Program and the 30
238238 AAHP Grant Fund for the prior fiscal year. 31
239239 6 SENATE BILL 977
240240
241241
242242 (j) (1) THIS SUBSECTION APPLI ES ONLY TO AN AFRICAN AMERICAN 1
243243 HERITAGE GRANT FOR AN AFRICAN AMERICAN HERITAGE PRESERVATION 2
244244 PROJECT. 3
245245
246246 (2) Except as provided in paragraph [(3)] (4) of this subsection, the Trust 4
247247 shall require a grantee awarded an African American Heritage Grant to enter into an 5
248248 agreement to preserve and maintain the property for which the grant was awarded. 6
249249
250250 [(2)] (3) If the property is historic real property, the agreement shall be a 7
251251 recordable historic preservation easement. 8
252252
253253 [(3)] (4) The Director may waive the agreement or easement requirement 9
254254 if the Director determines that an agreement or easement is impracticable, infeasible, or 10
255255 not necessary under the circumstances. 11
256256
257257 (k) (1) Subject to paragraph (2) of this subsection, the Secretary, in 12
258258 consultation with the Commission, shall adopt regulations to implement the Program. 13
259259
260260 (2) A proposed regulation that relates to approval by the Board of Public 14
261261 Works of grants to be financed through the sale of State general obligation bonds may not 15
262262 be adopted under paragraph (1) of this subsection unless the regulation is approved by the 16
263263 Board of Public Works. 17
264264
265265 (l) To the extent required by regulations adopted under subsection (k) of this 18
266266 section, the Trust and the Commission shall submit to the Board of Public Works for the 19
267267 Board’s approval each African American Heritage Grant that is to be financed through the 20
268268 sale of State general obligation bonds. 21
269269
270270 (M) THE COMMISSION HAS THE SO LE AUTHORITY TO AWARD A GRANT TO AN 22
271271 AFRICAN AMERICAN HERITAGE ORG ANIZATION TO FUND TH E ORGANIZATION ’S 23
272272 OPERATIONS AND ACTIV ITIES. 24
273273
274274 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
275275 October 1, 2024. 26