<section article="gsf" article_name="State Finance and Procurement" number="10-101" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="1" subtitle_name="Definition"> <text>In this title, “Board” means the Board of Public Works.</text> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-201" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <level label="a"> <text>The Board may appoint a full-time secretary.</text> </level> <level label="b"> <text>The secretary serves at the pleasure of the Board.</text> </level> <level label="c"> <text>The secretary:</text> <level label="1"> <text>must be a person of high character and integrity; and</text> </level> <level label="2"> <text>shall be appointed on the basis of executive skill and ability.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-202" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <level label="a"> <text>This section does not apply to property to be acquired in connection with State roads, bridges, or highways.</text> </level> <level label="b"> <text>Subject to Title 12 of the Real Property Article, the Board may condemn property for State use.</text> </level> <level label="c"> <text>The Department of General Services, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article that establish a uniform method of determining the value of any applicable life estate discount for property condemned in accordance with this section.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-203" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <level label="a"> <level label="1"> <text>On the recommendation of the Comptroller, the Board shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article covering matters of business administration in the units of the State government.</text> </level> <level label="2"> <text>The regulations adopted under this section may include regulations that establish:</text> <level label="i"> <text>uniform rates of mileage allowance; and</text> </level> <level label="ii"> <text>the terms and renewals of bonds furnished by State officials and employees.</text> </level> </level> </level> <level label="b"> <text>Regulations adopted under this section are binding on all units of the State government affected by the regulations.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-204" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <text>By regulation, the Board may require that any proposed contract, contract renewal, or change order, of a designated class or monetary value, of any unit of the Executive Branch be brought to the Board for consideration and approval before execution.</text> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-205" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <text>For purposes of the preparation of the State budget:</text> <level label="1"> <text>the Board of Public Works is an independent agency; and</text> </level> <level label="2"> <text>all expenses related to the administration of the Board of Public Works shall be separately identified and independent of the budget of any other State agency.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-206" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <text>Any payments due by the State for the Baltimore Zoo under a lease or sublease agreement shall be included in the annual budget for the Board of Public Works.</text> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-207" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <level label="a"> <text>For each meeting of the Board held on or after October 1, 2024, beginning on the date the Board makes the meeting agenda available to the public, including any updates to the agenda, the Board shall allow members of the public to electronically submit public comments on agenda items.</text> </level> <level label="b"> <text>Public comments submitted under subsection (a) of this section or that are otherwise received by the Board by electronic or regular mail and relate to a Board agenda item shall:</text> <level label="1"> <text>be included in each meeting packet prepared for members of the Board;</text> </level> <level label="2"> <text>be posted online at least 24 hours in advance of the meeting, or as soon as practicable after the public comment is received; and</text> </level> <level label="3"> <text>be retained online through the Board’s public website.</text> </level> </level> <level label="c"> <text>Any Board discussion items that are not subject to inclusion in a public agenda under § 3–302.1 of the General Provisions Article are not subject to public comment under this section.</text> </level> <level label="d"> <text>To carry out the requirements of this section, the Board shall employ at least one more staff position than the number of positions authorized in fiscal year 2023.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-208" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="2" subtitle_name="General Provisions"> <level label="a"> <text>If the federal government does not comply with court decisions upholding congressionally approved spending, the Board may determine, by a majority vote, the federal government to be delinquent in federal funds owed to the State.</text> </level> <level label="b"> <text>Federal funds determined delinquent under subsection (a) of this section shall be referred to the Central Collection Unit of the Department of Budget and Management.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-301" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <text>In this subtitle, “real or personal property” includes:</text> <level label="1"> <text>the inland waters of the State and the land under those waters;</text> </level> <level label="2"> <text>the waters of the Atlantic Ocean for 3 miles from the low watermark of the coast of the State bordering on that ocean and the land under those waters; and</text> </level> <level label="3"> <text>any legal or equitable rights, interests, privileges, or easements in, to, or over any real or personal property.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-302" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <text>This subtitle does not apply to the transfer or disposal of excess personal property or surplus personal property under Title 4, Subtitle 5 of this article.</text> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-302.1" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <text>This subtitle does not apply to:</text> <level label="1"> <text>the release of a lot subject to an agricultural land preservation easement under § 2–513 of the Agriculture Article; or</text> </level> <level label="2"> <text>the sale, transfer, exchange, lease, or other disposition of real property held by the Maryland Agricultural Land Preservation Foundation under the Critical Farms Program under § 2–517 of the Agriculture Article.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-303" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <text>Notwithstanding any other section of this subtitle, the Department of Natural Resources may dispose of any existing structure on any property acquired by the State for the use of the Department if the structure is valued at $2,500 or less.</text> </level> <level label="b"> <text>Before the Department of Natural Resources disposes of any structure under this section, the Department shall give public notice in a newspaper of general circulation in the county in which the structure is located.</text> </level> <level label="c"> <text>The proceeds of the sale shall be credited to the Natural Resources Property Maintenance Fund.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-304" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <text>This section does not apply to:</text> <level label="1"> <text>property that is pledged to secure the payment of principal of or interest on revenue bonds; or</text> </level> <level label="2"> <text>real property that is owned or controlled by the State Highway Administration, unless the property is being transferred to the Maryland Transportation Authority or to another unit in the Department of Transportation.</text> </level> </level> <level label="b"> <level label="1"> <text>The Board may transfer any property, and all rights of physical custody and control over the property, from a unit of the Executive Branch of the State government to another unit of the Executive Branch of the State government.</text> </level> <level label="2"> <text>Any property transferred under this subsection is exempt from the appraisal requirements under § 10–305(b)(2)(i) of this subtitle.</text> </level> <level label="3"> <text>Any property transferred under this subsection is subject to the continuing general jurisdiction of the Board.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-305" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <text>Subject to subsections (b) and (c) of this section, any real or personal property of the State or a unit of the State government may be sold, leased, transferred, exchanged, granted, or otherwise disposed of:</text> <level label="1"> <text>to any person, to the United States or any of its units, or to any unit of the State government, for a consideration the Board decides is adequate; or</text> </level> <level label="2"> <text>to any county or municipal corporation in the State subject to any conditions the Board imposes.</text> </level> </level> <level label="b"> <level label="1"> <level label="i"> <text>Except as provided under subparagraph (ii) of this paragraph, this subsection applies to the sale, transfer, grant, or exchange of:</text> <level label="1"> <text>real property identified under § 5–310(c)(1) of this article; and</text> </level> <level label="2"> <text>State–owned real or personal property, funded in accordance with an appropriation act of the General Assembly, that has an appraised value over $100,000.</text> </level> </level> <level label="ii"> <text>This subsection does not apply to the following dispositions of property identified in subparagraph (i) of this paragraph:</text> <level label="1"> <text>leasing the property;</text> </level> <level label="2"> <text>the sale, transfer, grant, or exchange of a corrective or access easement on the property; or</text> </level> <level label="3"> <text>an exchange by the Department of Natural Resources under § 1–109(e)(3) of the Natural Resources Article.</text> </level> </level> </level> <level label="2"> <text>The Board may not approve the sale, transfer, exchange, or grant of property until:</text> <level label="i"> <text>the Department of General Services or the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted to the Board two independent appraisals of the property that:</text> <level label="1"> <text>with regard to real property, consider the value of any restrictive covenant that may be placed on the property; and</text> </level> <level label="2"> <text>may not be publicly disclosed if the property is to be sold at auction;</text> </level> </level> <level label="ii"> <text>the following information has been submitted, by electronic mail or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of this subsection, the Legislative Policy Committee:</text> <level label="1"> <text>a description of the property; and</text> </level> <level label="2"> <text>if applicable, any justification for not selling, transferring, exchanging, or granting the property in a manner that generates the highest return for the State;</text> </level> </level> <level label="iii"> <text>45 days have elapsed since:</text> <level label="1"> <text>the information required by item (ii) of this paragraph was received by the appropriate committees; and</text> </level> <level label="2"> <text>the Board declared the property surplus; and</text> </level> </level> <level label="iv"> <text>except for property sold under paragraph (4) of this subsection, for property that meets both criteria under paragraph (1)(i) of this subsection and for which the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General Assembly has approved the proposed disposition as provided under paragraph (3) of this subsection.</text> </level> </level> <level label="3"> <level label="i"> <text>Within 45 days after receiving the information submitted under paragraph (2) of this subsection, the Legislative Policy Committee shall:</text> <level label="1"> <text>review the information and the public record created by the Department of Planning for the property; and</text> </level> <level label="2"> <level label="A"> <text>approve the proposed disposition of the surplus property and refer the property back to the Board for final disposition; or</text> </level> </level> <level label="B"> <text>refer the proposed disposition of the property to the full General Assembly and notify the Board of the referral.</text> </level> </level> <level label="ii"> <text>If the Legislative Policy Committee fails to take any action under subparagraph (i)2 of this paragraph within the specified time period, the proposed disposition shall be deemed approved by the Committee.</text> </level> <level label="iii"> <level label="1"> <text>If the proposed disposition of the surplus property is referred by the Legislative Policy Committee to the full General Assembly, the proposed disposition may not be approved by the Board unless it is approved by the passage of legislation during the next legislative session of the General Assembly.</text> </level> <level label="2"> <text>In any legislation passed in accordance with subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed disposition with or without conditions.</text> </level> </level> </level> <level label="4"> <text>If the Board has declared the property surplus, the Board shall sell the property to the federal government, a local government, or a unit of federal or local government for $1.00, if:</text> <level label="i"> <text>the government or unit has indicated its interest in acquiring the land; and</text> </level> <level label="ii"> <text>a restrictive covenant is placed on the deed of transfer, in accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the property to be maintained in a use that is consistent with its use at the time of transfer.</text> </level> </level> <level label="5"> <text>Any revenues derived from the sale, transfer, exchange, or grant of property identified under paragraph (1)(i)1 of this subsection shall be deposited in the Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article.</text> </level> <level label="6"> <text>If the Board has declared the property surplus, the Board shall donate or sell the property determined by the Department of Housing and Community Development to be suitable for use or redevelopment as affordable housing in accordance with a proposal developed under § 2–203 of the Housing and Community Development Article.</text> </level> </level> <level label="c"> <level label="1"> <text>This subsection does not apply to:</text> <level label="i"> <text>property that will be acquired with Program Open Space funds under Title 5, Subtitle 9 of the Natural Resources Article;</text> </level> <level label="ii"> <text>property that will be acquired with Rural Legacy Program funds under Title 5, Subtitle 9A of the Natural Resources Article;</text> </level> <level label="iii"> <text>property that will be acquired with Local Land Preservation Program funds under Title 5, Subtitle 9B of the Natural Resources Article;</text> </level> <level label="iv"> <text>property that will be acquired with Community Parks and Playgrounds Program funds under Title 5, Subtitle 9C of the Natural Resources Article;</text> </level> <level label="v"> <text>property that will be acquired with funds from the Heritage Conservation Fund under Title 5, Subtitle 15 of the Natural Resources Article;</text> </level> <level label="vi"> <text>property that will be acquired with funds from the Forest and Park Reserve Fund established under § 5–212 of the Natural Resources Article;</text> </level> <level label="vii"> <text>property that will be acquired with federal grant funds made available to the Department of Natural Resources for open space, recreation, or conservation purposes;</text> </level> <level label="viii"> <text>property that will be acquired by the Maryland Environmental Trust;</text> </level> <level label="ix"> <text>a Maryland Agricultural Land Preservation Foundation easement acquired under § 2–504 of the Agriculture Article;</text> </level> <level label="x"> <text>federally owned military property;</text> </level> <level label="xi"> <text>property that will be acquired by the Maryland Aviation Administration; or</text> </level> <level label="xii"> <text>property that will be acquired by the Maryland Port Administration.</text> </level> </level> <level label="2"> <text>The Board may not approve the acquisition of real property with an appraised value of at least $500,000 or a new lease, or the execution of a renewal option of 10 years or more, of real property that will be used by the State that requires the State to make payments totaling at least $1,000,000 annually unless the Board has provided to the Legislative Policy Committee:</text> <level label="i"> <text>a justification for the planned acquisition or lease that includes justification for:</text> <level label="1"> <text>real estate terms of time or cost in excess of ordinary and regular State contract terms;</text> </level> <level label="2"> <text>rent escalation rates in excess of market rates;</text> </level> <level label="3"> <text>removal of any standard real estate provisions, including the right to terminate the lease or transaction; and</text> </level> <level label="4"> <text>why the transaction is in the best interest of the State;</text> </level> </level> <level label="ii"> <text>a cost–benefit analysis of the planned acquisition or lease that includes, when applicable, comparing similar or comparable properties and purchase options, including a comparison of lease options with purchase options, lease consolidation options, and if relevant, an analysis of State agency parking needs and costs, and tax credits or other State benefits granted to the landlord or for the location or real estate transaction;</text> </level> <level label="iii"> <text>if applicable, a justification for noncompetitive procurement; and</text> </level> <level label="iv"> <text>on request of the cochairs of the Legislative Policy Committee made within 14 days after receiving the justification under items (i) through (iii) of this paragraph at least 45 days to review the information provided under this paragraph and comment on the planned acquisition before the acquisition is approved.</text> </level> </level> <level label="3"> <text>If the acquisition of real property with an appraised value of at least $500,000 from the federal government would require the State to provide ongoing maintenance of the property, the Board may not approve the acquisition until the Board has provided to the Legislative Policy Committee:</text> <level label="i"> <text>notice that the acquisition would require the State to provide ongoing maintenance of the property; and</text> </level> <level label="ii"> <text>on request of the cochairs of the Legislative Policy Committee within 14 days after receiving the notice provided under item (i) of this paragraph, a study regarding the ongoing fiscal impact the acquisition would have on the State, including any environmental mitigation that may be required.</text> </level> </level> </level> <level label="d"> <text>Except as otherwise provided in this section:</text> <level label="1"> <text>if any real or personal property disposed of under this section is not under the jurisdiction or control of any particular unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the Board; and</text> </level> <level label="2"> <text>if any real or personal property disposed of under this section is under the jurisdiction or control of a unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the highest official of the unit and by the Board.</text> </level> </level> <level label="e"> <level label="1"> <text>Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any State employee, agent, or servant, or to any other individual in State service, for the purpose of permitting the individual to maintain a residence on or in the property, the lease shall be:</text> <level label="i"> <text>executed by the unit; and</text> </level> <level label="ii"> <text>approved by the Secretary of General Services.</text> </level> </level> <level label="2"> <text>The lease is not valid unless the Secretary of General Services approves it.</text> </level> <level label="3"> <text>Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision which prohibits the lessee from assigning or subleasing that property without the prior approval of the Board of Public Works.</text> </level> <level label="4"> <level label="i"> <text>Whenever the State Highway Administration leases any State–owned property under its jurisdiction and control to any person, the Administrator of the State Highway Administration may execute the lease if:</text> <level label="1"> <text>the lease is entered into on a 30–day renewable basis; and</text> </level> <level label="2"> <text>the duration of the tenancy does not exceed 1 year.</text> </level> </level> <level label="ii"> <text>At least twice each year, the Administrator of the State Highway Administration shall submit a report of the leases executed under the authority granted in subparagraph (i) of this paragraph to the Board of Public Works.</text> </level> </level> <level label="5"> <level label="i"> <text>Whenever the Department of Natural Resources leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision that requires the lessee to:</text> <level label="1"> <text>maintain unobstructed access to trail heads by trail users and first responders; and</text> </level> <level label="2"> <text>ensure that the trail heads remain free of obstructions at all times.</text> </level> </level> <level label="ii"> <text>At least once each year, the Secretary of Natural Resources shall submit a report of all leases executed by the Department of Natural Resources to the Department of General Services.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>On the sale, lease, transfer, exchange, or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System, any conveyancing document shall be executed in the manner provided in Division II of the State Personnel and Pensions Article.</text> </level> <level label="2"> <text>Any sale, lease, transfer, exchange or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System by a conveyancing document executed by or for the Board of Trustees of the State Retirement and Pension System before October 1, 1994 in the manner provided under former Article 73B is ratified and confirmed.</text> </level> </level> <level label="g"> <text>All conveyances under this section shall be made in the name of the State of Maryland, acting through the executing authority provided for in this section.</text> </level> <level label="h"> <text>This section does not apply to any lease or other temporary transfer, grant, or disposition of State real or personal property in connection with a procurement made subject to § 11–202(3) of this article.</text> </level> <level label="i"> <text>The Department of Budget and Management and Department of General Services, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.</text> </level> <level label="j"> <text>The Board may not approve the sale, transfer, exchange, or grant of a property located between the East 21st and East 22nd blocks of Guilford Avenue in Baltimore unless the Department of General Services demonstrates to the Board that:</text> <level label="1"> <text>the Department engaged the community and relevant stakeholders when making the decision to sell, transfer, exchange, or grant the property; and</text> </level> <level label="2"> <text>if practicable, the Department prioritized the community’s preferred outcome.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-306" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <text>In this section, “capital asset” means an asset of a substantial permanent nature.</text> </level> <level label="b"> <text>If the consideration received for the disposition of any real or personal property of the State or any unit of the State government is other real or personal property, the real or personal property received shall be held and accounted for in the same manner as other property under the jurisdiction and control of the unit of the State government that receives the real or personal property.</text> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraphs (2) and (3) of this subsection, if cash is received as consideration for the disposition of a capital asset of the State or any unit of the State government, the cash shall be applied to the State Annuity Bond Fund Account for the payment of the principal of and interest on the bonded indebtedness of the State.</text> </level> <level label="2"> <text>If the capital asset is real property that is being leased or sold to a private party for the purpose of realizing a transit–oriented development as defined under § 7–101 of the Transportation Article, at the discretion of the State agency that is disposing of the property, all or a portion of the cash proceeds resulting from the transaction shall be deposited in:</text> <level label="i"> <text>the Baltimore City Community Enhancement Transit–Oriented Development Fund established under Title 15 of the Economic Development Article for the purposes of that Fund; or</text> </level> <level label="ii"> <text>the Transit–Oriented Development Capital Grant and Revolving Loan Fund established under Title 7 of the Transportation Article for the purposes of that Fund.</text> </level> </level> <level label="3"> <level label="i"> <text>If cash is received as consideration for the disposition of a capital asset, and if the capital asset was originally purchased with special funds, the cash shall be applied to the special fund.</text> </level> <level label="ii"> <text>Notwithstanding subparagraph (i) of this paragraph, cash received as consideration for the disposition of helicopters, auxiliary helicopter equipment, ground support equipment, or other capital equipment related to helicopters shall be applied to the State Annuity Bond Fund Account for the payment of the principal of and interest on the bonded indebtedness of the State.</text> </level> </level> <level label="4"> <text>If cash is received as consideration for the disposition of any real or personal property of the State or any unit of the State government, other than a capital asset, the cash shall be accounted for and paid into the State Treasury.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-307" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <text>In this section, “geothermal resources” has the meaning stated in § 5-601 of the Environment Article.</text> </level> <level label="b"> <text>Subject to any conditions the Board and the Department of Natural Resources impose, geothermal resources located on real property owned by the State may be sold, leased, transferred, exchanged, granted, or otherwise disposed of to any person for a consideration the Board decides is adequate.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-308" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <text>In this section, “minority business enterprise” has the meaning stated in Title 14, Subtitle 3 of this article.</text> </level> <level label="b"> <text>Each unit of the State government that leases State-owned property to business entities shall adopt regulations that establish procedures for awarding the leases. The procedures shall be structured to try to achieve participation by minority business enterprises in:</text> <level label="1"> <text>10% of the total dollar amount of the leases; and</text> </level> <level label="2"> <text>10% of the total number of leases.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-309" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="3" subtitle_name="Sale and Transfer of Property"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Perpetual care” means the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishments of a cemetery and its grounds, roads, and paths.</text> </level> <level label="ii"> <text>“Perpetual care” includes the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery.</text> </level> </level> <level label="3"> <text>“State facility” means:</text> <level label="i"> <text>a facility maintained by the Behavioral Health Administration of the Maryland Department of Health and listed in § 10–406 of the Health – General Article;</text> </level> <level label="ii"> <text>a State residential center for individuals with an intellectual disability in the Developmental Disabilities Administration of the Maryland Department of Health; and</text> </level> <level label="iii"> <text>a facility that formerly met the definition of “State facility” under item (i) or (ii) of this subsection, including:</text> <level label="1"> <text>the former Rosewood Center; and</text> </level> <level label="2"> <text>the former Crownsville Hospital Center.</text> </level> </level> </level> </level> <level label="b"> <text>A cemetery owned by the State and located on the grounds of a State facility may not be sold by the State if the State facility is downsized, consolidated, closed, or sold.</text> </level> <level label="c"> <text>A cemetery owned by the State and located on the grounds of a State facility shall be provided perpetual care and marked with a monument commemorating the individuals interred in the cemetery.</text> </level> <level label="d"> <text>Activities or projects undertaken under subsection (c) of this section shall be undertaken in consultation with the Maryland Historical Trust, in accordance with the consultation provisions:</text> <level label="1"> <text>for capital projects under § 5A–325 of this article; and</text> </level> <level label="2"> <text>for issuance of permits or licenses or provision of financial assistance under § 5A–326(d)(2) of this article.</text> </level> </level> <level label="e"> <text>Any easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility that has been recorded among the land records of the county where the cemetery is located on or before October 1, 2004 may not be transferred or sold.</text> </level> <level label="f"> <text>Notwithstanding subsections (b) and (e) of this section, a cemetery or an easement or right of entry to a cemetery owned by the State and located on the grounds of a State facility may be sold by the State if the deed for the property includes a restrictive covenant requiring the owner and any future owner to maintain the cemetery as provided under subsection (c) of this section.</text> </level> <level label="g"> <text>The provisions of § 5–502 of the Business Regulation Article apply to a cemetery owned by the State and located on the grounds of a State facility.</text> </level> <level label="h"> <text>Beginning January 1, 2015, and on or before January 1 of each succeeding year, the Maryland Department of Health shall report, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Health and Government Operations Committee on the implementation of this section.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-401" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="4" subtitle_name="Conveyance of Title to Lands Owned by State Due to Their Relationship to State Waters"> <level label="a"> <text>This subtitle applies only to land owned by the State as a result of the relationship of the land to the waters of the State.</text> </level> <level label="b"> <text>This subtitle does not:</text> <level label="1"> <text>affect the title to interests conveyed by the State before July 1, 1970, by a valid grant, lease, or patent or a grant confirmed by Article 5 of the Maryland Declaration of Rights;</text> </level> <level label="2"> <text>prohibit the execution of a conveyance for which application was made and approved by the Board before July 1, 1970;</text> </level> <level label="3"> <text>deprive any riparian owner or proprietor of any riparian rights, privilege, or enjoyment that the owner or proprietor had before July 1, 1970; or</text> </level> <level label="4"> <text>affect §§ 3-101 and 3-102 of the Natural Resources Article of the Code of Public Local Laws of Worcester County.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-402" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="4" subtitle_name="Conveyance of Title to Lands Owned by State Due to Their Relationship to State Waters"> <level label="a"> <text>The Board may not convey any title to land covered by this subtitle to any person other than the riparian owner or proprietor of the land abutting the land conveyed.</text> </level> <level label="b"> <text>The Board may convey title to land covered by this subtitle only after seeking the advice of:</text> <level label="1"> <text>the Department of Natural Resources;</text> </level> <level label="2"> <text>appropriate agricultural agencies, including:</text> <level label="i"> <text>the Maryland Agricultural Commission;</text> </level> <level label="ii"> <text>the agricultural stabilization and conservation committee of the county in which the land lies; and</text> </level> <level label="iii"> <text>the soil conservation district committee of the county in which the land lies; and</text> </level> </level> <level label="3"> <text>other interested federal and State agencies.</text> </level> </level> <level label="c"> <level label="1"> <text>Before the Board may convey title to land covered by this subtitle, the Board shall:</text> <level label="i"> <text>hold a public hearing, after proper notice, in the county in which the land lies; and</text> </level> <level label="ii"> <text>issue a written decision that justifies the action of the Board, taking into account the best interests of the State with respect to the varying ecological, economic, developmental, agricultural, recreational, and aesthetic values of the area under consideration.</text> </level> </level> <level label="2"> <text>The written decision issued under this subsection shall be kept among the permanent records of the Board and be open to public inspection.</text> </level> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-501" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="5" subtitle_name="Payments"> <level label="a"> <level label="1"> <text>On receipt of an order by an administrative law judge granting a petition under subsection (b) of this section, subject to paragraph (5) of this subsection, the Board of Public Works shall compensate an individual erroneously convicted, sentenced, and confined under State law for a crime the individual did not commit in an amount equal to the product of the total number of days that the individual was wrongfully confined after the erroneous conviction multiplied by a daily rate of the State’s most recent annual median household income as published in the American Community Survey of the U.S. Census Bureau in the year the order of eligibility is issued under subsection (b) of this section and divided by 365 days to the nearest whole cent.</text> </level> <level label="2"> <text>In addition to the compensation awarded under paragraph (1) of this subsection, the administrative law judge issuing an order under subsection (b) of this section may direct the appropriate State agency or service provider to provide to the individual free of charge any of the following benefits:</text> <level label="i"> <text>a State identification card and any other document necessary for the individual’s health or welfare on the individual’s release from confinement;</text> </level> <level label="ii"> <text>housing accommodations for a period not exceeding 5 years after the date the order of eligibility is issued under subsection (b) of this section;</text> </level> <level label="iii"> <text>education and training relevant to life skills, job and vocational training, or financial literacy for a period of time until the individual elects to no longer receive the education and training;</text> </level> <level label="iv"> <text>health care and dental care for at least 5 years after the date the order of eligibility is issued under subsection (b) of this section;</text> </level> <level label="v"> <text>access to enrollment at and payment of tuition and fees for attending a public senior higher education institution, a regional higher education center, or the Baltimore City Community College for a period of enrollment not exceeding 8 years; and</text> </level> <level label="vi"> <text>reimbursement for court fines, fees, and restitution paid by the individual for the crime for which the individual was erroneously convicted, sentenced, and confined.</text> </level> </level> <level label="3"> <level label="i"> <text>If an individual previously received a monetary award from a civil suit or entered into a settlement agreement with the State or a political subdivision of the State for an erroneous conviction, sentence, or confinement, the amount owed to the individual under this subsection shall be reduced by the amount of the monetary award or settlement that was paid to the individual less any amount paid for attorney’s fees and costs for litigating the award or settlement.</text> </level> <level label="ii"> <level label="1"> <text>If, after receiving compensation under this subsection, an individual receives a monetary award from a civil suit or enters into a settlement agreement with the State or a political subdivision of the State for an erroneous conviction, sentence, or confinement, the individual shall reimburse the State the amount of money paid under this section less any amount paid for attorney’s fees and costs for litigating the award or settlement.</text> </level> <level label="2"> <text>Reimbursement required under subsubparagraph 1 of this subparagraph may not exceed the amount of the monetary award the individual received in the civil suit or settlement agreement.</text> </level> <level label="3"> <text>The State may obtain a lien against the monetary award from a civil suit or settlement agreement to satisfy an obligation under subsubparagraph 1 of this subparagraph.</text> </level> </level> </level> <level label="4"> <text>If an individual eligible for compensation and benefits under this subsection is deceased, the individual’s estate has standing to be compensated under this subsection.</text> </level> <level label="5"> <level label="i"> <text>Beginning in fiscal year 2026, the county government in the county in which the conviction of an individual occurred shall pay to the State 50% of the amount of compensation awarded to the individual under paragraph (1) of this subsection.</text> </level> <level label="ii"> <text>The payment shall be remitted annually to the Comptroller by June 30 equal to 100% of the county’s share of costs for that fiscal year.</text> </level> <level label="iii"> <text>On October 1, December 1, March 1, and June 1 of each fiscal year, the Board of Public Works shall notify the Comptroller and each county of the county’s share of each erroneous conviction award during the fiscal year.</text> </level> <level label="iv"> <text>The Comptroller may withhold a portion of a local income tax distribution of a county that fails to make timely payment in accordance with this section.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>An administrative law judge shall issue an order that an individual is eligible for compensation and benefits from the State under subsection (a) of this section if:</text> <level label="i"> <text>the individual has received from the Governor a full pardon stating that the individual’s conviction has been shown conclusively to be in error; or</text> </level> <level label="ii"> <text>subject to paragraph (2) of this subsection, the administrative law judge finds that the individual has proven by clear and convincing evidence that:</text> <level label="1"> <text>the individual was convicted, sentenced, and subsequently confined for a felony or conspiracy to commit a felony;</text> </level> <level label="2"> <text>the judgment of conviction for the felony or conspiracy to commit a felony was reversed or vacated and:</text> </level> <level label="A"> <text>the order reversing or vacating the judgment of conviction did not allow for retrial;</text> </level> <level label="B"> <text>the charges against the individual were dismissed; or</text> </level> <level label="C"> <text>on retrial, the individual was found not guilty;</text> </level> <level label="3"> <text>the individual did not commit the felony or conspiracy to commit a felony for which they were convicted, sentenced, and subsequently confined and was not an accessory or accomplice to the felony or conspiracy to commit a felony; and</text> </level> <level label="4"> <text>subject to paragraph (2)(ii) of this subsection, the individual did not commit or suborn perjury, fabricate evidence, or by the individual’s own conduct cause or bring about the conviction.</text> </level> </level> </level> <level label="2"> <level label="i"> <text>In determining the weight and admissibility of evidence presented by the parties, the administrative law judge may, in the interest of justice, give due consideration to the passage of time, death or unavailability of witnesses, the destruction of evidence, or any other factor.</text> </level> <level label="ii"> <text>For the purposes of paragraph (1)(ii)4 of this subsection, suborning perjury, fabricating evidence, or causing or bringing about a conviction does not include:</text> <level label="1"> <text>a confession or admission later determined to be false; or</text> </level> <level label="2"> <text>a guilty plea.</text> </level> </level> </level> <level label="3"> <text>A request for an order of eligibility under this section shall be:</text> <level label="i"> <text>filed with the Office of Administrative Hearings; and</text> </level> <level label="ii"> <text>captioned “In the Matter of the Wrongful Conviction of (Claimant)” or “(Claimant) v. Board of Public Works”.</text> </level> </level> <level label="4"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, the following shall be parties to a proceeding under this subsection:</text> <level label="1"> <text>the State’s Attorney of the county where the crime was committed, or the State’s Attorney’s designee; and</text> </level> <level label="2"> <text>the State, represented by the Attorney General, or the Attorney General’s designee.</text> </level> </level> <level label="ii"> <level label="1"> <text>A county may not be a party to a proceeding under this subsection.</text> </level> <level label="2"> <text>A State’s Attorney may not designate a county as a party to a proceeding under this subsection.</text> </level> </level> </level> </level> <level label="c"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, an individual may file a petition for an order under subsection (b) of this section not later than 2 years after the date on which:</text> <level label="i"> <text>the Governor issued a pardon described under subsection (b)(1)(i) of this section; or</text> </level> <level label="ii"> <text>the criminal charges against the individual were dismissed, an order reversing or vacating the judgment of conviction and not allowing for retrial was issued, or the individual was found not guilty on retrial as described under subsection (b)(1)(ii) of this section.</text> </level> </level> <level label="2"> <text>An individual convicted of a conspiracy to commit a felony who meets the requirements of this section and who was ineligible for compensation before July 1, 2024, may petition for an order under subsection (b) of this section not later than July 1, 2026.</text> </level> <level label="3"> <text>If an individual otherwise eligible for relief under this section is deceased, a personal representative or an executor of the individual’s estate may file a petition for an order under subsection (b) of this section on the individual’s behalf.</text> </level> <level label="4"> <text>A petition filed under this section shall be served on:</text> <level label="i"> <text>the State’s Attorney in the county in which the conviction occurred, or the State’s Attorney’s designee; and</text> </level> <level label="ii"> <text>the Attorney General, or the Attorney General’s designee.</text> </level> </level> <level label="5"> <level label="i"> <text>Subject to subparagraph (ii) of this paragraph, an individual may not receive compensation under this section for any period of confinement during which the individual was concurrently serving a sentence for a conviction of another offense for which the individual was lawfully convicted and confined.</text> </level> <level label="ii"> <text>The State shall notify the individual in writing at least 15 days before a hearing on a petition under this section of:</text> <level label="1"> <text>the State’s intention to introduce evidence to reduce or prevent an award of compensation under this paragraph; and</text> </level> <level label="2"> <text>the number of days that the State claims the individual was incarcerated but not concurrently serving a sentence for a conviction of another offense for which the individual was lawfully convicted and confined.</text> </level> </level> </level> <level label="6"> <text>The decision to grant or deny a petition under this section may be appealed by any party to the proceeding.</text> </level> </level> <level label="d"> <level label="1"> <text>If an administrative law judge orders that an individual is eligible for compensation and benefits under this section, the order shall include:</text> <level label="i"> <text>the monetary award owed to the individual under subsection (a)(1) of this section;</text> </level> <level label="ii"> <text>reasonable attorney’s fees and expenses associated with the action brought under this section;</text> </level> <level label="iii"> <text>benefits to be awarded under subsection (a)(2) of this section; and</text> </level> <level label="iv"> <text>if the administrative law judge determines that it is in the interests of the individual, a recommendation for an expedited payment schedule.</text> </level> </level> <level label="2"> <text>A copy of the order shall be delivered to:</text> <level label="i"> <text>the Board of Public Works to make the payments ordered under paragraph (1)(i) and (ii) of this subsection; and</text> </level> <level label="ii"> <text>any State agency or service provider ordered to provide benefits under paragraph (1)(iii) of this subsection.</text> </level> </level> </level> <level label="e"> <text>The Board of Public Works shall pay the compensation ordered under subsection (d) of this section in:</text> <level label="1"> <text>one initial payment equal to the annual amount of the State’s most recent median household income to be paid within 60 days after receiving the order; and</text> </level> <level label="2"> <level label="i"> <text>after the initial payment under item (1) of this subsection, installments paid over a period not to exceed 6 fiscal years; or</text> </level> <level label="ii"> <text>in accordance with an expedited payment schedule recommended under subsection (d)(1)(iv) of this section.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>This section does not prohibit an individual from contracting for services to:</text> <level label="i"> <text>determine the individual’s innocence;</text> </level> <level label="ii"> <text>obtain a pardon;</text> </level> <level label="iii"> <text>obtain the individual’s release from confinement; or</text> </level> <level label="iv"> <text>obtain compensation under this section.</text> </level> </level> <level label="2"> <level label="i"> <text>A person providing services under paragraph (1)(iv) of this subsection may not charge, demand, receive, or collect payment other than that allowed under subsection (d)(1)(ii) of this section.</text> </level> <level label="ii"> <text>An obligation incurred in violation of this paragraph is void.</text> </level> </level> </level> <level label="g"> <text>On or before December 31, 2022, and annually thereafter, the Board of Public Works shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on any compensation and services awarded under this section.</text> </level> <level label="h"> <text>The Office of Administrative Hearings, in consultation with the Board of Public Works, shall adopt regulations to govern the procedures and practices in all cases requesting compensation and benefits under this subtitle.</text> </level> </section> <section article="gsf" article_name="State Finance and Procurement" number="10-502" title_number="10" title_name="Board of Public Works -- Miscellaneous Provisions" subtitle_number="5" subtitle_name="Payments"> <text>In awarding compensation under this subtitle, the Board of Public Works shall use money in the General Emergency Fund or money that the Governor provides in the annual budget for that purpose.</text> </section>