§ 8-2B-03

(a) There is a Whole Watershed Fund.

(b) The purpose of the Fund is to fund projects approved by the State management team under § 8–2B–02 of this subtitle.

(c) The Secretary shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) Revenue distributed to the Fund from:

(i) The Chesapeake and Atlantic Coastal Bays 2010 Trust Fund established under § 8–2A–02 of this title;

(ii) The Bay Restoration Fund established under § 9–1605.2 of the Environment Article;

(iii) The Clean Water Commerce Account established under § 9–1605.4 of the Environment Article;

(iv) The Maryland Agricultural Land Preservation Fund established under § 2–505 of the Agriculture Article;

(v) The cost–sharing program established under § 8–702 of the Agriculture Article; and

(vi) The Waterway Improvement Fund established under § 8–707 of this title;

(2) Money appropriated in the State budget to the Fund;

(3) Interest earnings; and

(4) Any other money from any other source accepted for the benefit of the Fund.

(f) (1) The Fund may be used only to support actions associated with a project approved by the State management team under § 8–2B–02 of this subtitle, including:

(i) To satisfy match requirements of any federal source; or

(ii) Matching with county, municipal, or private funds or in–kind support for a project.

(2) Except as provided in paragraph (3) of this subsection, money transferred to the Fund under subsection (e)(1) of this section shall be subject to the conditions specified in the originating fund or account.

(3) Notwithstanding any other provision of law, a portion of funds for an action may be provided as an advance payment at the beginning of each fiscal year.

(4) Any remaining funds not used to support an action in accordance with paragraph (1) of this subsection shall be available for use consistent with this section in subsequent fiscal years.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) Money expended from the Fund for projects approved by the Partnership is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Partnership.

(j) A contract entered into by the Department under this section shall:

(1) Be consistent with the implementation and financing plan developed under § 8–2B–02(g) of this subtitle;

(2) For an action involving stream restoration, require the use of a stream restoration contractor licensed under Title 18 of the Environment Article; and

(3) Require that funds provided from the Fund be returned if the action is not completed in accordance with the implementation and financing plan.

(k) (1) Subject to paragraph (2) of this subsection, an action that is partially financed with another source of State funds may be funded under this section.

(2) Funding provided to an action under this subsection shall be prorated to cover only the portion of the action not funded by another State source.