§9–1406.

    (a)    There is a Smart Growth Subcabinet.

    (b)    The Subcabinet consists of:

        (1)    the Special Secretary;

        (2)    the Secretary of Agriculture;

        (3)    the Secretary of Budget and Management;

        (4)    the Secretary of Commerce;

        (5)    the Secretary of the Environment;

        (6)    the Secretary of General Services;

        (7)    the Secretary of Higher Education;

        (8)    the Secretary of Housing and Community Development;

        (9)    the Assistant Secretary of the Office of Neighborhood Revitalization;

        (10)    the Secretary of Natural Resources;

        (11)    the Secretary of Planning;

        (12)    the Secretary of Transportation;

        (13)    a representative of the Governor’s office;

        (14)    the Secretary of Health;

        (15)    the Secretary of Labor; and

        (16)    the Director of the Maryland Energy Administration.

    (c)    The Executive Director of the National Center for Smart Growth Education and Research at the University of Maryland, College Park Campus shall serve as an ex officio member of the Subcabinet.

    (d)    (1)    The Special Secretary shall chair the Subcabinet and shall be responsible for the oversight, direction, and accountability of the work of the Subcabinet.

        (2)    The Secretary of Planning shall be the vice chair of the Subcabinet.

    (e)    (1)    The Office shall provide the primary staff support for the Subcabinet.

        (2)    The Special Secretary and the Secretary of Planning may call upon any of the Subcabinet members to provide additional staff assistance as needed.

    (f)    The Special Secretary and the Secretary of Planning may establish subcommittees to carry out the work of the Subcabinet.

    (g)    The Subcabinet shall meet regularly at such times and places as it determines.

    (h)    (1)    The Subcabinet shall:

            (i)    provide a forum for discussion of interdepartmental issues relating to activities that affect growth, development, neighborhood conservation, and resource management;

            (ii)    work together using all available resources to promote the understanding of smart growth;

            (iii)    work together to create, enhance, support, and revitalize sustainable communities across the State;

            (iv)    meet at least biannually with county and municipal elected leaders and planning officials to discuss local government issues relating to activities that affect smart growth, development, neighborhood conservation, and resource management;

            (v)    subject to paragraph (2) of this subsection, make recommendations to:

                1.    the Department of Commerce in accordance with § 5–1304 of the Economic Development Article;

                2.    the Department of Housing and Community Development in accordance with § 6–206 of the Housing and Community Development Article;

                3.    the Department of Planning in accordance with § 5A–303 of the State Finance and Procurement Article; and

                4.    the Department of Transportation in accordance with § 7–101 of the Transportation Article;

            (vi)    in coordination with State agencies, evaluate and report annually to the Governor and, in accordance with § 2–1257 of this article, to the General Assembly on the implementation of the State’s smart growth policy; and

            (vii)    perform other duties assigned by the Governor.

        (2)    The failure of the Subcabinet to make a recommendation under paragraph (1)(v) of this subsection may not be construed as prohibiting a department to act in accordance with the department’s authority under State law.

    (i)    The annual report required in subsection (h)(1) of this section shall include:

        (1)    a description of the projects, programs, and costs of activities located in priority funding areas;

        (2)    a description of projects, programs, and costs of activities funded under the exceptions allowed in § 5–7B–06 of the State Finance and Procurement Article;

        (3)    projects submitted to the Board of Public Works for funding outside priority funding areas under the extraordinary circumstances exception in accordance with § 5–7B–05 of the State Finance and Procurement Article and the impact of these projects upon the State’s smart growth policy;

        (4)    a list of programs and policies reviewed and changed to ensure compliance with the State’s smart growth policy; and

        (5)    a list of projects or programs approved and funded under Chapter 759, § 2 of the Acts of 1997.