EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb1290*
HOUSE BILL 1290
F1 (2lr0385)
ENROLLED BILL
— Appropriations/Budget and Taxation —
Introduced by Delegate McIntosh
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________________ _______ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Education – Public School Construction – Funding and Administration 2
FOR the purpose of requiring the Interagency Commission on School Construction to take 3
certain actions relating to public school construction, including updating certain 4
regulations, increasing the State share of certain school construction project costs 5
under certain circumstances, inspecting certain systems and equipment during 6
inspections of school buildings, establishing certain processes for appeals and for 7
reporting certain information regarding school buildings, and including certain 8
information in the Integrated Master Facility Asset Library; prohibiting the 9
Interagency Commission, unless certain conditions are met, from taking certain 10
actions relating to public school construction, including making a certain deduction 11
when calculating a certain State construction allocation, using facility assessment 12
data, and making funding decisions based on facility assessment results; requiring 13
certain rights of the Interagency Commission to be specified in a certain 14
memorandum of understanding; requiring local education agencies to take certain 15 2 HOUSE BILL 1290
actions if a certain inspection requires the closure of a school building; renaming the 1
Local Share of School Construction Costs Revolving Loan Fund to be the School 2
Construction Revolving Loan Fund; altering the purpose and eligibility criteria of 3
the School Construction Revolving Loan Fund; providing for the repayment of loans 4
to the School Construction Revolving Loan Fund; altering and extending certain 5
mandated appropriations to the School Construction Revolving Loan Fund, the 6
Healthy School Facility Fund, and the Public School Facilities Priority Fund; 7
renaming the Public School Facilities Priority Fund to be the Nancy K. Kopp Public 8
School Facilities Priority Fund; authorizing a county to use a loan from the School 9
Construction Revolving Loan Fund for a certain purpose; altering the amount of 10
certain required deposits into the Baltimore City Public School Construction 11
Financing Fund; altering the authorized uses of money in the Education Trust Fund; 12
repealing certain provisions of law that repealed the provisions of the Aging Schools 13
Program and the School Safety Grant Program; declaring the intent of the General 14
Assembly regarding funding for public school construction; requiring the 15
Interagency Commission and the Maryland Department of Health to make a certain 16
determination about food preparation equipment used in schools; and generally 17
relating to the funding and administration of public school construction. 18
BY repealing and reenacting, with amendments, 19
Article – Education 20
Section 4–126(e)(3)(ii)3., 4–126.2, 5–303(d)(3) and (5) and (k), 5–310(b), (f), and (g), 21
5–315, 5–322(j)(1), and 5–326(i) 5–326(a), (b), and (i) 22
Annotated Code of Maryland 23
(2018 Replacement Volume and 2021 Supplement) 24
BY repealing and reenacting, without amendments, 25
Article – Education 26
Section 5–303(d)(4), 5–310(a), 5–322(a) and (b), and 5–326(a) and (b) 5–317, and 27
5–322(a) and (b) 28
Annotated Code of Maryland 29
(2018 Replacement Volume and 2021 Supplement) 30
BY adding to 31
Article – Education 32
Section 5–303(l) and 5–327 33
Annotated Code of Maryland 34
(2018 Replacement Volume and 2021 Supplement) 35
BY repealing and reenacting, without amendments, 36
Article – Education 37
Section 5–324 38
Annotated Code of Maryland 39
(2018 Replacement Volume and 2021 Supplement) 40
(As enacted by Chapter 20 of the Acts of the General Assembly of 2020) 41
BY repealing and reenacting, with amendments, 42 HOUSE BILL 1290 3
Article – Economic Development 1
Section 10–645(g)(2) and (h)(2), 10–649(g), and 10–650(c) 2
Annotated Code of Maryland 3
(2018 Replacement Volume and 2021 Supplement) 4
BY repealing and reenacting, without amendments, 5
Article – State Finance and Procurement 6
Section 6–226(a)(2)(i) 7
Annotated Code of Maryland 8
(2021 Replacement Volume) 9
BY repealing and reenacting, with amendments, 10
Article – State Finance and Procurement 11
Section 6–226(a)(2)(ii)101. 6–226(a)(2)(ii)101. and 125. 12
Annotated Code of Maryland 13
(2021 Replacement Volume) 14
BY repealing and reenacting, without amendments, 15
Article – State Government 16
Section 9–1A–30(a) through (c) 17
Annotated Code of Maryland 18
(2021 Replacement Volume) 19
BY repealing and reenacting, with amendments, 20
Article – State Government 21
Section 9–1A–30(d) 22
Annotated Code of Maryland 23
(2021 Replacement Volume) 24
BY repealing 25
Chapter 20 of the Acts of the General Assembly of 2020 26
Section 8 and 11 27
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
That the Laws of Maryland read as follows: 29
Article – Education 30
4–126. 31
(e) (3) (ii) In Prince George’s County, projects that use alternative 32
financing methods under this section and receive State funding for a yearly availability 33
payment: 34
3. If the project receives State funding for a yearly 35
availability payment from the Supplemental Public School Construction Financing Fund 36
under § 10–658 of the Economic Development Article, the project shall comply with a 37 4 HOUSE BILL 1290
four–party memorandum of understanding entered into and signed by the Prince George’s 1
County Board, Prince George’s County, the Maryland Stadium Authority, and the 2
Interagency Commission on School Construction that: 3
A. [Specifies] SUBJECT TO ITEM G OF THIS ITEM , 4
SPECIFIES the roles, rights, terms, and responsibilities of each party with respect to school 5
projects undertaken with a private or public entity using alternative financing methods, 6
including any amounts the parties are required to deposit into the Prince George’s County 7
Public–Private Partnership Fund established under § 4–126.2 of this subtitle; 8
B. Specifies that § 2–203(f) and Title 5, Subtitle 3 of this 9
article and regulations governing the Public School Construction Program are not 10
applicable to projects using alternative financing methods; 11
C. Requires the Prince George’s County Board to submit 12
projects to the Interagency Commission on School Construction for review before 13
commencement of the project; 14
D. Specifies the time frames in which the Interagency 15
Commission on School Construction shall complete its review of projects; 16
E. Requires the Prince George’s County Board to submit 17
annual reports to Prince George’s County, the Maryland Stadium Authority, and the 18
Interagency Commission on School Construction during the term of the alternative 19
financing method contract with the public or private entity; [and] 20
F. Specifies the terms under which each party will comply 21
with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle; AND 22
G. SPECIFIES THE ROLES O F THE INTERAGENCY 23
COMMISSION ON SCHOOL CONSTRUCTION , INCLUDING THE INTERAGENCY 24
COMMISSION’S RIGHTS RELATED TO : 25
I. APPROVAL OF THE PROJECT AGREEMENT; 26
II. APPROVAL OF SITE –SPECIFIC EDUCATIONAL 27
SPECIFICATIONS ; 28
III. APPROVAL OF FINAL SITE SELECT IONS; AND 29
IV. THE ROLE OF THE GOVER NING BODY OF THE 30
PROGRAM . 31
4–126.2. 32
HOUSE BILL 1290 5
(a) In this section, “Fund” means the Prince George’s County Public–Private 1
Partnership Fund. 2
(b) There is a Prince George’s County Public–Private Partnership Fund. 3
(c) The purpose of the Fund is to provide funds TO PRINCE GEORGE’S COUNTY 4
FOR PRINCE GEORGE’S COUNTY to pay a public or private entity for the availability 5
payment due under the Prince George’s County public–private partnership agreement 6
entered into in accordance with § 4–126.1 of this subtitle. 7
(d) The Interagency Commission on School Construction shall administer the 8
Fund as described in the four–party memorandum of understanding entered into under § 9
4–126(e)(3)(ii) of this subtitle. 10
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 11
the State Finance and Procurement Article. 12
(2) The State Treasurer shall hold the Fund separately, and the 13
Comptroller shall account for the Fund. 14
(f) The Fund consists of: 15
(1) Money deposited into the Fund by Prince George’s County, the Prince 16
George’s County Board, and the Maryland Stadium Authority; 17
(2) Money deposited into the Fund by the State; 18
(3) Any investment earnings of the Fund; and 19
(4) Any other money from any other source accepted for the benefit of the 20
Fund. 21
(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may 22
be used only to provide funding TO PRINCE GEORGE’S COUNTY for alternative financing 23
methods under § 4–126 of this subtitle in Prince George’s County. 24
(2) If Prince George’s County receives State funding for an availability 25
payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 of this 26
subtitle may be used only to pay an availability payment to a private entity under the 27
public–private partnership agreement entered into and approved in accordance with § 28
4–126.1 of this subtitle. 29
(h) Any appropriation to the Fund shall be used to supplement, but not supplant, 30
money appropriated to Prince George’s County for public school construction under the 31
Public School Construction Program established in Title 5, Subtitle 3 of this article. 32
6 HOUSE BILL 1290
(i) (1) The State Treasurer shall invest the money of the Fund in the same 1
manner as other State money may be invested. 2
(2) Any interest earnings of the Fund shall be credited to the Fund. 3
(j) If a memorandum of understanding is entered into under § 4–126 of this 4
subtitle and State funding is provided for an availability payment, the Prince George’s 5
County Board and Prince George’s County shall deposit into the Fund the amounts 6
required under the memorandum of understanding. 7
5–303. 8
(d) (3) The regulations adopted by the Interagency Commission shall contain 9
provisions: 10
(i) Subject to subsection (k) of this section, establishing a State and 11
local cost–share formula for each county that identifies the factors used in establishing the 12
formulas and the actual State and local cost–share percentages by the formula for each 13
county; 14
(ii) Requiring local education agencies to adopt educational facilities 15
master plans and annual capital improvement programs; 16
(iii) [Providing] SUBJECT TO SUBSECTION (L) OF THIS SECTION, 17
PROVIDING a method for establishing a maximum State construction allocation for each 18
project approved for State funding; 19
(iv) Referencing the policies stated in § 5–7B–07 of the State Finance 20
and Procurement Article; 21
(v) Requiring local school systems to adopt procedures consistent 22
with the minority business enterprise policies of the State as required under the Code of 23
Maryland Regulations; 24
(vi) Establishing a process for appeal of Interagency Commission 25
decisions, INCLUDING AN APPEAL PROCESS SPECIFICALLY FOR APPROVED 26
ENROLLMENT PROJECTS PROJECTIONS FOR INDIVIDUAL PROJE CTS TO THE FULL 27
INTERAGENCY COMMISSION; 28
(vii) Requiring local education agencies to adopt, implement, and 29
periodically update comprehensive maintenance plans and preventative maintenance 30
plans; 31
(viii) Authorizing the Interagency Commission to withhold State 32
public school construction funds from a local education agency that fails to comply with the 33
requirements of item (vii) of this paragraph; 34 HOUSE BILL 1290 7
(ix) Requiring the development and submission of long–range plans, 1
including a requirement for the annual submission of a 10–Year Educational Facilities 2
Master Plan; and 3
(x) Requiring the submission of an annual Capital Improvement 4
Program, which may only be required to include plans for specific projects and requests for 5
planning and construction projects for the upcoming fiscal year. 6
(4) In adopting any of these requirements, the State Board and the 7
Interagency Commission shall provide for the maximum exercise of initiative by school 8
personnel in each county to ensure that the school buildings and improvements meet both 9
the needs of the local communities and the rules and regulations necessary to ensure the 10
proper operation of this section and the prudent expenditure of State funds. 11
(5) The Interagency Commission shall [update]: 12
(I) UPDATE the regulations required under paragraph (3)(i) of this 13
subsection every 2 years; AND 14
(II) WHEN UPDATING THE REG ULATIONS IN ACCORDAN CE WITH 15
ITEM (I) OF THIS PARAGRAPH , LIMIT THE PERCENTAGE DECREASE IN THE STATE 16
SHARE OF SCHOOL CONS TRUCTION COSTS TO NO T MORE THAN 5% FOR EACH 17
COUNTY. 18
(k) (1) A county is eligible for an adjustment to the local cost–share for school 19
construction projects under paragraph (2) of this subsection if: 20
(i) A county’s median household income is in the bottom quartile in 21
the State; and 22
(ii) The State and local cost–share formula for the county is 50% 23
State and 50% local. 24
(2) (i) The local cost–share of a school construction project in a county 25
that is eligible under paragraph (1) of this subsection shall be reduced to equal the local 26
cost–share of the adjacent county that is less than 50% but closest to 50%. 27
(ii) The State cost–share of a school construction project in the 28
eligible county shall be increased by a percentage that is equal to the reduction under 29
subparagraph (i) of this paragraph. 30
(3) A COUNTY SHALL RECEIVE : 31
(I) A 10% 10 PERCENTAGE POINT INCREASE IN THE STATE 32
SHARE OF A SCHOOL CO NSTRUCTION PROJECT I F THE PROPOSED SCHOO L 33 8 HOUSE BILL 1290
CONSTRUCTION PROJECT , WHEN A LOCAL SCHOOL SYSTEM SUBMITS A PRO JECT 1
FOR APPROVAL TO THE INTERAGENCY COMMISSION, IS AT A SCHOOL WITH A 2
CONCENTRATION OF POV ERTY LEVEL, AS DEFINED IN § 5–223 OF THIS TITLE, OF 3
80% OR GREATER; 4
(II) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE 5
OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED SCHOOL CONS TRUCTION 6
PROJECT, WHEN A LOCAL SCHOOL SYSTEM SUBMITS A PRO JECT FOR APPROVAL TO 7
THE INTERAGENCY COMMISSION, IS AT A SCHOOL WITH A CONCENTRATION OF 8
POVERTY LEVEL , AS DEFINED IN § 5–223 OF THIS TITLE, OF LESS THAN 80% BUT 9
GREATER THAN 55%; 10
(III) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE 11
OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED SCHOOL CONSTRU CTION 12
PROJECT IS AT A SCHO OL THAT, IN THE MOST RECENT S CHOOL MAINTENANCE 13
EFFECTIVENESS ASSESS MENT BY THE INTERAGENCY COMMISSION, RECEIVED AN 14
ASSESSMENT RATING OF : 15
1. GOOD; 16
2. SUPERIOR; OR 17
3. ADEQUATE AND THE SCHO OL’S CURRENT SCHOOL 18
FACILITY ASSESSMENT PERCENT OF EXPECTED USEFUL LIFE IS AT LE AST 100% 19
120%; AND 20
(IV) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE 21
OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED PROJECT IS TO BUILD A 22
NET–ZERO SCHOOL . 23
(L) THE INTERAGENCY COMMISSION MAY MAKE A N ELIGIBLE 24
ENROLLMENT DEDUCTION FOR AN ADJACENT SCHO OL WHEN CALCULATING THE 25
MAXIMUM STATE CONSTRUCTION AL LOCATION FOR A PROJE CT APPROVED FOR 26
STATE FUNDING UNDER S UBSECTION (D)(3)(II) OF THIS SECTION O NLY IF THE SUM 27
OF AVAILABLE SEAT COUNT IN AN ADJACENT SCHOOL ALL ADJACENT SCHOOLS IS 28
15% OR MORE OF THE ADJACENT PROJECT SCHOOL’S ENROLLMENT . 29
5–310. 30
(a) (1) In this section the following words have the meanings indicated. 31
(2) “Educational facilities sufficiency standards” means a uniform set of 32
criteria and measures for evaluating the physical attributes and educational suitability of 33
public elementary and secondary school facilities in the State. 34 HOUSE BILL 1290 9
(3) “Facility condition index” means a calculation to determine the relative 1
physical condition of public school facilities by dividing the total repair cost of a facility by 2
the total replacement cost of a facility. 3
(b) (1) (I) Each fiscal year, the Interagency Commission shall survey the 4
condition of school buildings identified by the Department. 5
(II) THE INTERAGENCY COMMISSION SHALL INCL UDE IN THE 6
INSPECTIONS OF INDIV IDUAL SCHOOL BUILDIN GS: 7
1. A PROCESS FOR A LOCAL EDUCATION AGENCY TO 8
REPORT ANY ADDITIONA L INFORMATION RELEVA NT TO THE INSPECTI ON, 9
INCLUDING A PLACE IN THE MASTER FACILITY ASSET LIBRARY SYSTEM FOR THE 10
LOCAL EDUCATION AGEN CY TO: 11
A. REPORT EACH YEAR TO T HE INTERAGENCY 12
COMMISSION ON ANY DEF ICIENCIES IN A SCHOO L BUILDING, EVEN IF THE SCHOOL 13
BUILDING WAS NOT INS PECTED IN ACCORDANC E WITH PARAGRAPH (2) OF THIS 14
SUBSECTION IN THE PR IOR YEAR; 15
B. IDENTIFY SPACES IN A SCHOOL BUILDING LIKE LY TO 16
HAVE BEEN PAINTED WI TH LEAD PAINT; AND 17
C. REPORT CERTIFICATION OF THE ASBESTOS HAZARD 18
EMERGENCY RESPONSE ACT PLAN FOR THE SPAC E; AND 19
2. A PROCESS TO INCORPORA TE MAINTENANCE DATA 20
FOR INDIVIDUAL SCHOO L BUILDINGS. 21
(2) (I) The Interagency Commission shall conduct the inspections of 22
individual school buildings that are necessary to complete the survey required in paragraph 23
(1) of this subsection. 24
(II) THE INSPECTIONS COMPL ETED UNDER PARAGRAPH (1) OF 25
THIS SUBSECTION SHAL L INCLUDE AN INSPECTIO N OF INCLUDE THE FOLLOWING 26
ITEMS FOR EACH SCHOO L BUILDING: 27
1. TEMPERATURE ; 28
2. HUMIDITY; 29
3. CARBON DIOXIDE LEVEL ; 30
4. ACOUSTIC LEVELS; 31 10 HOUSE BILL 1290
5. LEAD PAINT; 1
6. ASBESTOS; 2
7. KITCHEN SANITARY EQUI PMENT; 3
8. LIGHTING; 4
9. EMERGENCY COMMUNICATI ON SYSTEM , WITH 5
RESPECT TO REMAINING USEFUL LIFE; 6
10. HEALTH ROOM ATTRIBUTE S; 7
11. SAFETY EQUIPMENT IN E ACH LABORATORY SPACE ; 8
AND 9
12. THE FUNCTIONALITY OF : 10
A. HEATING, VENTILATION, AND AIR–CONDITIONING 11
BUILDING SYSTEMS ; 12
B. LIFE SAFETY BUILDING SYSTEMS; 13
C. ROOFS; AND 14
D. ANY ADDITIONAL CRITIC AL BUILDING SYSTEMS 15
IDENTIFIED BY THE INTERAGENCY COMMISSION. 16
(III) DURING AN INSPECTION , IF AN ITEM UNDER 17
SUBPARAGRAPH (II)1 THROUGH 6 OF THIS PARAGRAPH RI SES TO SUCH A SEVERE 18
LEVEL THAT REQUIRES THE SCHOOL TO BE CLO SED, THE LOCAL EDUCATION 19
AGENCY SHALL SUBMIT A PLAN TO THE INTERAGENCY COMMISSION ON HOW TO 20
ADDRESS THE ISSUE AN D THE INTERAGENCY COMMISSION SHALL WORK TO 21
PRIORITIZE FUNDING T O ADDRESS THE ISSUE . 22
(3) The Interagency Commission shall report to the Governor and the 23
General Assembly, on or before October 1 of each year, in accordance with § 2–1257 of the 24
State Government Article, on the results of the survey for the prior fiscal year. 25
(f) (1) Following the completion of the initial statewide facilities assessment, 26
the Interagency Commission shall develop standards and procedures to comprehensively 27
update the facilities assessment such that facility assessment data is not older than 4 years. 28
(2) Local education agencies shall: 29 HOUSE BILL 1290 11
(i) Cooperate with the Interagency Commission to update the 1
facility assessment; and 2
(ii) Contribute data as requested to update the assessment. 3
(3) (i) The Interagency Commission shall enter the facility assessment 4
data into an integrated data system, which shall be known as the Integrated Master 5
Facility Asset Library. 6
(ii) The Interagency Commission shall manage the Integrated 7
Master Facility Asset Library and shall provide access to the Library for all local education 8
agencies using a cloud–based system. 9
(4) THE INTEGRATED MASTER FACILITY ASSET LIBRARY SHALL 10
INCLUDE PREVENTIV E MAINTENANCE SCHEDU LES ACCESSIBLE TO EA CH LOCAL 11
EDUCATION AGENCY . 12
(g) (1) (I) [After completion of the initial facility assessment] EXCEPT AS 13
PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , the Interagency Commission 14
[shall share the data results with the Workgroup on the Assessment and Funding of School 15
Facilities and, with the Workgroup, shall consider: 16
(i) How the relative condition of public school facilities within the 17
educational facilities sufficiency standards and the facility condition index should be 18
prioritized, taking into account local priorities and in consultation with local jurisdictions; 19
and 20
(ii) If determined to be appropriate, use of the assessment results in 21
funding decisions] MAY NOT USE ANY FACI LITY ASSESSMENT DATA UNTIL THE 22
INTERAGENCY COMMISSION ESTABLISHE S THE INTEGRATED MASTER FACILITY 23
ASSET LIBRARY. 24
(II) AFTER THE INTERAGENCY COMMISSION HAS ESTABL ISHED 25
THE INTEGRATED MASTER FACILITY ASSET LIBRARY, AND ON OR AFTER MAY 1, 26
2026, THE INTERAGENCY COMMISSION SHALL ADOP T REGULATIONS ESTABL ISHING 27
THE USE OF THE FACIL ITY ASSESSMENT RESUL TS IN ANNUAL SCHOOL 28
CONSTRUC TION FUNDING DECISIO NS BEGINNING NOT SOO NER THAN FISCAL YEAR 29
2027. 30
(2) [During the consideration process under paragraph (1)(i) of this 31
subsection, the Interagency Commission and the Workgroup shall: 32
(i) Evaluate each school’s facilities using the replacement value of a 33
modern system; and 34 12 HOUSE BILL 1290
(ii) Prioritize building systems that are furthest beyond the useful 1
life of the system] BEFORE THE INTEGRATED MASTER FACILITY ASSET LIBRARY IS 2
ESTABLISHED, THE INTERAGENCY COMMISSION MAY USE FA CILITY ASSESSMEN T 3
DATA TO: 4
(I) PROVIDE CONTEXT TO PR OGRAMS THE INTERAGENCY 5
COMMISSION ADMINISTER S; 6
(II) WORK WITH LOCAL EDUCA TION AGENCIES; 7
(III) FULFILL LEGISLATIVE R EQUESTS; 8
(IV) COMPLETE ANY INTERAGENCY COMMISSION ANALYSIS O R 9
REPORT; AND 10
(V) ASSIST WITH ANY EXTERNAL RE PORTS. 11
[(3) Based on the recommendations of the Workgroup on the Assessment 12
and Funding of School Facilities, and not before May 1, 2022, for use in funding decisions 13
beginning no sooner than fiscal year 2023, the Interagency Commission shall adopt 14
regulations establishing the use of the facility assessment results in annual school 15
construction funding decisions.] 16
5–315. 17
(a) In this section, “Fund” means the [Local Share of School Construction Costs 18
Revolving Loan] SCHOOL CONSTRUCTION REVOLVING LOAN Fund. 19
(b) There is a [Local Share of School Construction Costs Revolving Loan] 20
SCHOOL CONSTRUCTION REVOLVING LOAN Fund. 21
(c) The purpose of the Fund is to provide loans to local governments to forward 22
fund the STATE OR local share of school construction costs for local education agencies that 23
rely on the STATE OR local share to be fully funded in order to complete a project. 24
(d) The Interagency Commission shall administer the Fund. 25
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 26
the State Finance and Procurement Article that shall be available in perpetuity for the 27
purpose of providing loans in accordance with the provisions of this section. 28
(2) The State Treasurer shall hold the Fu nd separately, and the 29
Comptroller shall account for the Fund. 30
HOUSE BILL 1290 13
(f) The Fund consists of: 1
(1) Money appropriated in the State budget to the Fund; 2
(2) Any interest earnings of the Fund; 3
(3) Repayments of principal and interest from loans made from the Fund; 4
and 5
(4) Any other money from any other source accepted for the benefit of the 6
Fund. 7
(g) The Fund may be used only to provide low– or no–interest loans to local 8
governments. 9
(h) (1) The State Treasurer shall invest the money of the Fund in the same 10
manner as other State money may be invested. 11
(2) Any interest earnings of the Fund shall be credited to the Fund. 12
(i) Money expended from the Fund is supplemental to and is not intended to take 13
the place of funding that otherwise would be appropriated to local governments for school 14
construction. 15
(j) (1) Subject to paragraph (2) of this subsection, the Interagency 16
Commission shall establish application procedures and eligibility criteria for loans from the 17
Fund. 18
(2) The eligibility criteria shall include that a local [government is] 19
SCHOOL SYSTEM : 20
(i) [In] IS IN need of a loan to forward fund the STATE OR local 21
share of school construction costs in order to complete a project; [and] 22
(ii) [Able] IS ABLE to demonstrate the ability to repay the loan if 23
required at a later date; AND 24
(III) HAS RECEIVED PLANNING APPROVAL FOR THE PRO JECT 25
FROM THE INTERAGENCY COMMISSION. 26
(3) THE INTERAGENCY COMMISSION SHALL GIVE PRIORITY IN 27
AWARDING LOANS FROM THE FUND TO COUNTIES THAT HAV E: 28
(I) NOT ADVANCED CONSTRUC TION FUNDING FOR PRO JECTS 29
IN THE PUBLIC SCHOOL CONSTRUCTION PROGRAM THAT THE INTERAGENCY 30
COMMISSION HAS APPROV ED FOR PLANNING ; AND 31 14 HOUSE BILL 1290
(II) LIMITED DEBT CAPACITY . 1
(K) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 2
COUNTY SHALL REPAY A LOAN FROM THE FUND NOT LESS THAN 5 YEARS AFTER 3
RECEIVING THE LOAN F ROM THE FUND. 4
(2) THE INTERAGENCY COMMISSION MAY ESTABL ISH A PROCEDURE 5
FOR A WAIVER FROM TH E REQUIREMENT UNDER PARAGRAPH (1) OF THIS 6
SUBSECTION. 7
(L) (1) IN FISCAL YEAR 2023, THE GOVERNOR SHALL INCLUD E IN THE 8
ANNUAL BUDGET BILL A N APPROPRIATION OF A T LEAST $50,000,000 $40,000,000 9
TO THE FUND. 10
(2) IN FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 11
ANNUAL BUDGET BILL A N APPROPRIATION OF AT LEAST $20,000,000 TO THE FUND. 12
(3) IN EACH OF FISCAL YEA RS 2025 AND 2026, THE GOVERNOR SHALL 13
INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF AT LEA ST 14
$10,000,000 TO THE FUND. 15
5–317. 16
(a) In this section, “Program” means the School Safety Grant Program. 17
(b) (1) There is a School Safety Grant Program. 18
(2) The purpose of the Program is to provide grants to county boards for 19
school security improvements, including: 20
(i) Secure and lockable classroom doors for each classroom in the 21
school; 22
(ii) An area of safe refuge in each classroom in the school; and 23
(iii) Surveillance and other security technology for school monitoring 24
purposes. 25
(c) The Program shall be implemented and administered by the Interagency 26
Commission, in consultation with the Maryland Center for School Safety. 27
(d) The Interagency Commission shall: 28
HOUSE BILL 1290 15
(1) Provide grants to county boards for public school security 1
improvements; 2
(2) Develop a procedure for a county board to apply for a grant under the 3
Program; and 4
(3) Develop eligibility requirements for a county board to receive a grant 5
under the Program. 6
(e) In addition to the annual amount otherwise provided in the capital 7
improvement program of the Public School Construction Program, the Governor shall 8
provide an additional $10,000,000 in the annual operating or capital budget bill that may 9
be used only to award grants under the Program. 10
(f) The State funding provided under the Program is supplemental to and is not 11
intended to take the place of funding that would otherwise be appropriated for public school 12
construction purposes to a county board from any other source. 13
(g) The Interagency Commission shall adopt regulations necessary to implement 14
this section. 15
5–322. 16
(a) In this section, “Fund” means the Healthy School Facility Fund. 17
(b) There is a Healthy School Facility Fund. 18
(j) (1) (i) In each of fiscal years 2020 through 2022, the Governor shall 19
appropriate at least $30,000,000 to the Fund. 20
(ii) In each of fiscal years FISCAL YEAR 2023 [and 2024] THROUGH 21
2026, the Governor shall appropriate at least $40,000,000 to the Fund. 22
(III) IN EACH OF FISCAL YEA RS 2024 THROUGH 2026, THE 23
GOVERNOR SHALL APPROP RIATE AT LEAST $90,000,000 TO THE FUND. 24
(iii) (IV) For each of fiscal years 2021 through [2024] 2026, 50% of 25
the funds appropriated under subparagraphs (i) and (ii) of this paragraph shall be awarded 26
to public schools in Baltimore City. 27
5–324. 28
(a) Repealed. 29
(b) Repealed. 30
16 HOUSE BILL 1290
(c) Repealed. 1
(d) Repealed. 2
(e) Repealed. 3
(f) (1) In fiscal year 2006 and in each fiscal year thereafter, the State shall 4
distribute grants from an appropriation in the State budget or general obligation bonds to 5
county boards under the Aging Schools Program administered by the Interagency 6
Commission on School Construction in amounts equal to the funding level calculated under 7
paragraph (2) of this subsection. 8
(2) In fiscal year 2013 and in each fiscal year thereafter, the funding level 9
for a county is the following amounts for the following counties: 10
(i) Allegany County...................................................... $97,791; 11
(ii) Anne Arundel County ........................................... $506,038; 12
(iii) Baltimore City.................................................... $1,387,924; 13
(iv) Baltimore County.................................................. $874,227; 14
(v) Calvert County........................................................ $38,292; 15
(vi) Caroline County ...................................................... $50,074; 16
(vii) Carroll County ...................................................... $137,261; 17
(viii) Cecil County............................................................ $96,024; 18
(ix) Charles County ....................................................... $50,074; 19
(x) Dorchester County .................................................. $38,292; 20
(xi) Frederick County .................................................. $182,622; 21
(xii) Garrett County........................................................ $38,292; 22
(xiii) Harford County ..................................................... $217,379; 23
(xiv) Howard County ....................................................... $87,776; 24
(xv) Kent County ............................................................ $38,292; 25
(xvi) Montgomery County ............................................. $602,651; 26
HOUSE BILL 1290 17
(xvii) Prince George’s County...................................... $1,209,426; 1
(xviii) Queen Anne’s County ............................................. $50,074; 2
(xix) St. Mary’s County ................................................... $50,074; 3
(xx) Somerset County..................................................... $38,292; 4
(xxi) Talbot County.......................................................... $38,292; 5
(xxii) Washington County .............................................. $134,904; 6
(xxiii) Wicomico County............................................ $106,627; and 7
(xxiv) Worcester County.................................................... $38,292. 8
5–326. 9
(a) In this section, “Fund” means the NANCY K. KOPP Public School Facilities 10
Priority Fund. 11
(b) There is a NANCY K. KOPP Public School Facilities Priority Fund. 12
(i) [(1) In fiscal years 2025 and 2026, the Governor shall appropriate in the 13
annual State operating or capital budget bill at least $40,000,000 to the Fund. 14
(2)] In fiscal year 2027 and each fiscal year thereafter, the Governor shall 15
appropriate in the annual State operating or capital budget bill at least $80,000,000 to the 16
Fund. 17
5–327. 18
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
INDICATED. 20
(2) “BASELINE TOTAL COST O F OWNERSHIP ” MEANS THE TYPICAL 21
TOTAL COST OF OWNERS HIP OF A NEW SCHOOL BUILDING OR A SCHOOL FACILITY 22
RENEWAL, AS CALCULATED BY THE INTERAGENCY COMMISSION. 23
(3) “ESTIMATED TOTAL COST OF OWNERSHIP ” MEANS THE TOTAL 24
COST OF OWNERSHIP OF A NEW SCHOOL BUILDIN G OR A SCHOOL FACILI TY RENEWAL 25
AND THE CONCOMITANT ANALYSIS AS ESTIMATE D BY A LOCAL EDUCATI ON AGENCY 26
BEFORE THE CONSTRUCT ION OF A NEW SCHOOL BUILDING OR A SCHOOL FACILITY 27
RENEWAL BEGINS . 28
18 HOUSE BILL 1290
(4) (I) “PROJECTED ACTUAL TOTA L COST OF OWNERSHIP AS 1
CONSTRUCTED ” MEANS THE TOTAL COS T OF OWNERSHIP OF A NEW SCHOOL 2
BUILDING OR A SCHOOL FACILITY RENEWAL AND THE CONCOMITANT ANAL YSIS AS 3
CALCULATED BY A LOCA L EDUCATION AGENCY A FTER THE CONSTRUCTIO N OF THE 4
NEW SCHOOL BUILDING OR THE SCHOOL FACILI TY RENEWAL IS COMPLE TE. 5
(II) “PROJECTED ACTUAL TOTAL COST OF OWNERSHIP AS 6
CONSTRUCTED ” INCLUDES THE SUM OF : 7
1. THE ACTUAL COSTS OF C ONSTRUCTION AND 8
OPERATION OF THE NEW SCHOOL BUILDING OR T HE SCHOOL FACILITY R ENEWAL AS 9
OF THE DATE OF THE C ALCULATION; AND 10
2. AN ESTIMATION OF FUTU RE COSTS. 11
(5) “SCHOOL FACILITY RENEW AL” MEANS A CAPITAL IMPR OVEMENT 12
PROJECT FOR AN EXIST ING SCHOOL THAT , ON COMPLETION : 13
(I) WILL REDUCE THE SCHOO L’S FACILITY CONDITION INDEX, 14
AS DEFINED IN § 5–310 OF THIS SUBTITLE, TO 0.15 OR LOWER; AND 15
(II) RESULTS IN A LIKE–NEW OPERATIONAL COND ITION FOR 16
THE SCHOOL. 17
(6) “STATE SHARE PERCENTAG E” MEANS THE PERCENTAGE OF 18
ELIGIBLE COSTS , AS DEFINED IN REGULA TIONS ADOPTED IN ACC ORDANCE WITH § 19
5–303 OF THIS SUBTITLE, FOR THE CONSTRUCTION OF A NEW SCHOOL BUIL DING OR 20
A SCHOOL FACILITY RENEWAL PAID FOR BY THE STATE. 21
(B) IF A PROJECT FOR THE CONSTRUCTION OF A NE W SCHOOL BUILDING OR 22
A SCHOOL FACILITY RE NEWAL HAS AN ESTIMAT ED TOTAL COST OF OWN ERSHIP THAT 23
IS AT LEAST 15% LESS THAN THE BASELI NE TOTAL COST OF OWN ERSHIP, THE 24
COUNTY SHALL RECEIVE A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE 25
SHARE PERCENTAGE FOR THAT PROJECT . 26
(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF A PROJECT 27
HAS A PROJECTED ACTU AL TOTAL COST OF OWN ERSHIP AS CONSTRUCTE D THAT IS 28
NOT AT LEAST 15% LESS THAN THE BASELINE TO TAL COST OF OWNERSHI P, THE 29
COUNTY THAT RECEIVED A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE 30
SHARE PERCENTAGE FOR THAT PROJECT SHALL R EPAY THAT AMOUNT TO THE 31
INTERAGENCY COMMISSION. 32
(2) THE INTERAGENCY COMMISSION SHALL ESTA BLISH A PROCESS 33
FOR A COUNTY TO REPA Y THE INTERAGENCY COMMISSION THE AMOUNT OF THE 5% 34 HOUSE BILL 1290 19
INCREASE IN THE STATE SHARE PERCENTAG E OF A PROJECT THAT MET THE 1
REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION , IF APPROXIMATELY 12 2
TO 17 MONTHS AFTER THE DAT E ON WHICH CONSTRUCT ION IS COMPLETE AND THE 3
LOCAL EDUCATION AGEN CY BEGINS USING THE BUILDING OR RENEWAL FOR ITS 4
INTENDED PURPOSE , THE PROJECTED ACTUAL TOTAL COST OF OWNERS HIP AS 5
CONSTRUCTED IS NOT A T LEAST 15% LESS THAN THE BAS ELINE TOTAL COST OF 6
OWNERSHIP. 7
(D) THE INTERAGENCY COMMISSION, IN COORDINATION WITH THE 8
DEPARTMENT , SHALL DEVELOP LIFE C YCLE COST ANALYSIS S TANDARDS. 9
(E) THE INTERAGENCY COMMISSION SHALL ADOP T REGULATIONS TO 10
CARRY OUT THIS SECTI ON. 11
Article – Economic Development 12
10–645. 13
(g) (2) The money deposited into the Baltimore City Public School 14
Construction Financing Fund in accordance with this subsection shall be at least: 15
(i) $4,000,000 by November 1, 2014; 16
(ii) an additional $4,000,000 by May 1, 2015; 17
(iii) an additional $4,000,000 by November 1, 2015; 18
(iv) an additional $4,000,000 by May 1, 2016; and 19
(v) until the bonds are no longer outstanding and unpaid: 20
1. an additional [$5,000,000] $10,000,000 by each November 21
1; and 22
2. an additional [$5,000,000] $10,000,000 by each May 1. 23
(h) (2) Beginning on July 1, 2015, and continuing until the bonds that have 24
been issued to finance improvements to Baltimore City public school facilities are no longer 25
outstanding and unpaid, in addition to the amount withheld under paragraph (1) of this 26
subsection, the State Comptroller shall withhold from any installment due the Baltimore 27
City Board of School Commissioners from the General State School Fund and deposit into 28
the Baltimore City Public School Construction Financing Fund the following amounts, to 29
be paid in equal bi–monthly payments: 30
(i) $10,000,000 for fiscal year 2016; and 31
20 HOUSE BILL 1290
(ii) [$20,000,000] $10,000,000 for fiscal year 2017 and each fiscal 1
year thereafter. 2
10–649. 3
(g) (1) In accordance with § 9–1A–30 of the State Government Article, the 4
Comptroller shall deposit a portion of the money in the Education Trust Fund into the 5
Supplemental Public School Construction Financing Fund FOR THE PROGRAM TO B E 6
KNOWN AS THE BUILT TO LEARN PROGRAM. 7
(2) The funds under paragraph (1) of this subsection shall be deposited in 8
the following amounts: 9
(i) in fiscal year 2022 – $30,000,000; 10
(ii) in fiscal year 2023 – $60,000,000; and 11
(iii) in fiscal year 2024 and each fiscal year thereafter – $125,000,000. 12
(3) The Comptroller shall deposit 50% of the funds under paragraph (2) of 13
this subsection on or before November 1 each year and the other 50% on or before May 1 14
each year. 15
10–650. 16
(c) (1) Except as otherwise provided in paragraphs (2) [and (3)] THROUGH (4) 17
of this subsection, the allocation of bond proceeds authorized in § 10–628 of this subtitle 18
represents the State share of eligible public school construction or capital improvement 19
costs as established by regulation in accordance with § 5–303 of the Education Article, 20
which shall include architectural, engineering, consulting, and other planning costs as 21
eligible costs. 22
(2) For a county that receives the minimum State share of eligible school 23
construction costs and has advanced construction funding for projects in the Public School 24
Construction Program that the Interagency Commission on School Construction has 25
approved for planning, the State share of eligible costs for the allocation of bond proceeds 26
authorized in § 10–628 of this subtitle shall include 150% of the applicable gross area 27
baseline in gross square foot per student for each project. 28
(3) In Baltimore City, the bond proceeds authorized under § 10–628 of this 29
subtitle may be used for furniture, fixtures, equipment, design, and the staff necessary to 30
manage the school construction projects. 31
(4) A COUNTY MAY USE A LOA N FROM THE SCHOOL CONSTRUCTION 32
REVOLVING LOAN FUND ESTABLISHED UNDE R § 5–315 OF THE EDUCATION 33 HOUSE BILL 1290 21
ARTICLE TO REPRESENT THE STATE OR LOCAL SHARE OF ELIGIBLE PUBLIC S CHOOL 1
CONSTRUCTION OR CAPI TAL IMPROVEMENT COST S. 2
Article – State Finance and Procurement 3
6–226. 4
(a) (2) (i) Notwithstanding any other provision of law, and unless 5
inconsistent with a federal law, grant agreement, or other federal requirement or with the 6
terms of a gift or settlement agreement, net interest on all State money allocated by the 7
State Treasurer under this section to special funds or accounts, and otherwise entitled to 8
receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 9
Fund of the State. 10
(ii) The provisions of subparagraph (i) of this paragraph do not apply 11
to the following funds: 12
101. the [Local Share of School Construction Costs Revolving 13
Loan] SCHOOL CONSTRUCTION REVOLVING LOAN Fund; 14
125. the NANCY K. KOPP Public School Facilities Priority 15
Fund; 16
Article – State Government 17
9–1A–30. 18
(a) In this section, “supplemental funding” means funding to: 19
(1) ensure access to public education that allows children in the State to 20
compete in the global economy of the future; 21
(2) provide funding for high–quality early education programs; 22
(3) provide opportunities for public school students to participate in career 23
and technical education programs that lead to an identified job skill or certificate; 24
(4) allow students to obtain college credit and degrees while in high school 25
at no cost to the students; 26
(5) support the advancement and professionalization of educators in public 27
education; and 28
(6) maintain, renovate, or construct public schools. 29
22 HOUSE BILL 1290
(b) There is an Education Trust Fund which is a special, nonlapsing fund that is 1
not subject to § 7–302 of the State Finance and Procurement Article. 2
(c) (1) There shall be credited to the Education Trust Fund all proceeds 3
allocated to the Fund under § 9–1A–27 of this subtitle and all judgments paid to the Fund 4
under § 11–210 of the Education Article. 5
(2) Money in the Education Trust Fund shall be invested and reinvested 6
by the Treasurer, and interest and earnings shall accrue to the Fund. 7
(d) Money in the Education Trust Fund shall be used [to] FOR THE FOLLOWING 8
PURPOSES, IN THE FOLLOWING ORD ER OF PRIORITY: 9
(1) REQUIRED DEPOSITS UN DER § 10–649(G) OF THE ECONOMIC 10
DEVELOPMENT ARTICLE INTO THE SUPPLEMENTAL PUBLIC SCHOOL 11
CONSTRUCTION FINANCING FUND ESTABLISHED UNDE R § 10–658 OF THE 12
ECONOMIC DEVELOPMENT ARTICLE; AND 13
(2) [provide] REQUIRED funding for public elementary and secondary 14
education, through continuation of the funding and formulas established under the 15
programs commonly known as the Bridge to Excellence in Public Schools Act, first enacted 16
by Chapter 288 of the Acts of the General Assembly of 2002, including the funding for 17
regional differences in the cost of education under § 5–202(f) of the Education Article; and 18
[(2)] (3) [provide] supplemental funding for education and public schools. 19
SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
as follows: 21
Chapter 20 of the Acts of 2020 22
[SECTION 8. AND BE IT FURTHER ENACTED, That Section(s) 5–317 and 5–324 23
of Article – Education of the Annotated Code of Maryland be repealed.] 24
[SECTION 11. AND BE IT FURTHER ENACTED, That, contingent on the 25
consolidation of funding, on or before June 30, 2026, for the Aging Schools Program and the 26
School Safety Grant Program into the Public School Facilities Priority Fund established in 27
Section 6 of this Act, Section 8 of this Act shall take effect July 1, 2026.] 28
SECTION 2. 3. AND BE IT FURTHER ENACTED, That it is the intent of the 29
General Assembly that a new Workgroup on the Assessment and Funding of School 30
Facilities be formed not later than July 2024 to determine how the relative condition of 31
public school facilities within the educational facilities sufficiency standards and the facility 32
condition index should be prioritized, taking into account local priorities and in consultation 33
with local jurisdictions prior to the Public School Facilities Priority Fund being funded for 34
fiscal year 2027. 35 HOUSE BILL 1290 23
SECTION 3. 4. AND BE IT FURTHER ENACTED, That it i s the intent of the 1
General Assembly that: 2
(1) beginning in fiscal year 2023, within the current debt affordability 3
guidelines, the State should provide at least $400,000,000 $450,000,000 each year for public 4
school construction in order to maintain a relatively stable number of funded projects in 5
the Capital Improvement Program; and 6
(2) the annual goal established under item (1) of this section should be 7
recalculated prior to the Public School Facilities Priority Fund being funded. 8
SECTION 4. 5. AND BE IT FURTHER ENACTED, That the Interagency 9
Commission on School Construction shall update the State and local cost–share formula: 10
(1) for fiscal years 2025 and 2026, to align with the changes Chapter 36 of 11
the Acts of the General Assembly of 2021 made to the Foundation Program and the 12
Guaranteed Tax Base Program; and 13
(2) to apply the adjustments to the State and local cost–share formula 14
required under § 5–303(k)(3) of the Education Article under Section 1 of this Act to the 15
annual capital improvement program of the Public School Construction Program, healthy 16
school facilities under § 5–322 of the Education Article, and supplemental public school 17
construction under Title 10, Subtitle 6 of the Economic Development Article. 18
SECTION 5. 6. AND BE IT FURTHER ENACTED, That, on or before October 1, 19
2023, the Interagency Commission on School Construction shall update the baseline gross 20
square footage per student for the Gross Area Baselines calculation to align with the 21
standards and requirements in Chapter 36 of the Acts of the General Assembly of 2021, 22
including: 23
(1) instructional space for English–language learners; 24
(2) community schools and schools eligible for Concentration of Poverty 25
grants; 26
(3) collaborative planning spaces for teachers, taking into consideration 27
that there will be more teachers in schools as additional collaborative time during the 28
school day is phased in; 29
(4) break–out space for more one–on–one and small group instruction; and 30
(5) career and technical education pathways; and 31
(6) prekindergarten space. 32
24 HOUSE BILL 1290
SECTION 6. 7. AND BE IT FURTHER ENACTED, That the Interagency 1
Commission on School Construction and the Maryland Department of Health shall 2
determine the minimum equipment needed in each school for food preparation, to be used 3
by the Interagency Commission on School Construction for surveys of school buildings 4
under § 5–310(b) of the Education Article, as enacted by Section 1 of this Act. 5
SECTION 7. 8. AND BE IT FURTHER ENACTED, That it is the inten t of the 6
General Assembly for the Interagency Commission on School Construction to work with 7
the Department of Legislative Services to verify survey data completed under § 5–310 of 8
the Education Article, as enacted by Section 1 of this Act, through at least July 1, 2025. 9
SECTION 9. AND BE IT FURTHER ENACTED, That, notwithstanding any other 10
provision of law, the Maryland Stadium Authority shall use $10,000,000 of available funds 11
held in reserve for Baltimore City from revenues deposited in the Baltimore City Public 12
School Construction Facilities Fund in accordance with § 10–645(g) of the Economic 13
Development Article to provide the local share of Baltimore City projects for the program 14
to be known as the Built to Learn Program in accordance with § 10–649(g) of the Economic 15
Development Article. 16
SECTION 10. AND BE IT FURTHER ENACTED, That the increases in the State 17
share of a school construction project under § 5–303(k)(3) of the Education Article under 18
Section 1 of this Act may not apply to the Capital Improvement Program for fiscal year 19
2023 but shall apply prospectively to any projects any school construction project approved 20
for State funding prior to the effective date of this Act and may not apply to any school 21
construction project funded with proceeds from bonds issued prior to April 1, 2022, under 22
the program to be known as the Built to Learn Program in accordance with § 10–649(g) of 23
the Economic Development Article approved by the Interagency Commission on School 24
Construction after the effective date of this Act. 25
SECTION 8. 11. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
July 1, 2022. 27
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.