(a) With the written approval of the State Archivist, the head of a unit of the State government or of a unit of a county or municipal corporation may destroy original material that has been photographed, photocopied, or microphotographed if:

(1) the head offers the original material to the Archives, but the Archives declines to accept;

(2) the copy is made in a manner that meets the standard of quality of the Archives for permanent photographic records;

(3) the copy is placed in an adequately accessible container; and

(4) provisions are made:

(i) for the preservation, examination, and use of the copy in a manner that the Archives approves; and

(ii) as to a record that a statute otherwise expressly requires to be kept permanently, for the copy to be available, on request, in the same manner as the original material.

(b) (1) After materials are destroyed under this section, the head of the unit shall send to the Archives:

(i) a list of the materials that were destroyed; and

(ii) a certificate of destruction.

(2) The State Archivist shall keep each list of the materials destroyed under this section. The list shall be available for public inspection at reasonable times.