Md. Code Regs. 17.03.01.02

Current through Register Vol. 52, No. 1, January 10, 2025

Section 17.03.01.02 - Capital Division

A. Environmental Assessment Form to Accompany Capital Budget Request. Under State Finance and Procurement Article, § 5-309, Annotated Code of Maryland, each State agency that proposes a capital project shall submit a request to the Department by July 1 of the fiscal year before the fiscal year in which the project is to be commenced, unless the agency declares the project to be an emergency. Before or with this request, the agency shall submit an environmental assessment on a form prescribed by the Secretary of Natural Resources. (This is in addition to any copy of the environmental assessment form required to be furnished to the Clearinghouse.)

B. Environmental Effects Report.

(1) When Required. If the environmental assessment form shows that the capital budget request will have a significant effect on the quality of the environment, the State agency shall also prepare:

(a) An environmental effects report; and

(b) A summary of the environmental effects report.

(2) The agency shall prepare the environmental effects report and summary in accordance with Environmental Policy Act Guidelines of the Secretary of Natural Resources.

(3) The agency shall submit the environmental effects report and summary with the capital budget request by July 1st. (This is in addition to any copy of the environmental effects report required to be furnished to the Clearinghouse.)

(4) On request, the Capital Division shall furnish the General Assembly with copies of the environmental assessment form and any environmental effects report for a project that is included in the proposed capital program of the State.

C. Emergency Projects.

(1) With an emergency project request, the submitting agency shall include an environmental assessment form.

(2) If the emergency project will have a significant effect on the quality of the environment, the agency shall also prepare and submit to the Capital Division an environmental effects report.

D. Time Extensions. The Capital Division may grant an extension of time for the submission of an environmental assessment form or environmental effects report required by this regulation.

Md. Code Regs. 17.03.01.02