Maryland 2022 Regular Session

Maryland House Bill HB1290 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	LAWRENCE J. HOGAN, JR., Governor Ch. 32
2	1
3		-	– 1 –
4		-	Chapter 32
5		-	(House Bill 1290)
6	2
7		-	AN ACT concerning
	3	+	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
	4	+	[Brackets] indicate matter deleted from existing law.
	5	+	Underlining indicates amendments to bill.
	6	+	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
	7	+	amendment.
	8	+	Italics indicate opposite chamber/conference committee amendments.
	9	+	hb1290
8	10
9		-	Education – Public School Construction – Funding and Administration
	11	+	HOUSE BILL 1290
	12	+	F1 (2lr0385)
	13	+	ENROLLED BILL
	14	+	— Appropriations/Budget and Taxation —
	15	+	Introduced by Delegate McIntosh
10	16
11		-	FOR the purpose of requiring the Interagency Commission on School Construction to take
12		-	certain actions relating to public school construction, including updating certain
13		-	regulations, increasing the State share of certain school construction project costs
14		-	under certain circumstances, inspecting certain systems and equipment during
15		-	inspections of school buildings, establishing certain processes for appeals and for
16		-	reporting certain information regarding school buildings, and including certain
17		-	information in the Integrated Master Facility Asset Library; prohibiting the
18		-	Interagency Commission, unless certain conditions are met, from taking certain
19		-	actions relating to public school construction, including making a certain deduction
20		-	when calculating a certain State construction allocation, using facility assessment
21		-	data, and making funding decisions based on facility assessment results; requiring
22		-	certain rights of the Interagency Commission to be specified in a certain
23		-	memorandum of understanding; requiring local education agencies to take certain
24		-	actions if a certain inspection requires the closure of a school building; renaming the
25		-	Local Share of School Construction Costs Revolving Loan Fund to be the School
26		-	Construction Revolving Loan Fund; altering the purpose and eligibility criteria of
27		-	the School Construction Revolving Loan Fund; providing for the repayment of loans
28		-	to the School Construction Revolving Loan Fund; altering and extending certain
29		-	mandated appropriations to the School Construction Revolving Loan Fund, the
30		-	Healthy School Facility Fund, and the Public School Facilities Priority Fund;
31		-	renaming the Public School Facilities Priority Fund to be the Nancy K. Kopp Public
32		-	School Facilities Priority Fund; authorizing a county to use a loan from the School
33		-	Construction Revolving Loan Fund for a certain purpose; altering the amount of
34		-	certain required deposits into the Baltimore City Public School Construction
35		-	Financing Fund; altering the authorized uses of money in the Education Trust Fund;
36		-	repealing certain provisions of law that repealed the provisions of the Aging Schools
37		-	Program and the School Safety Grant Program; declaring the intent of the General
38		-	Assembly regarding funding for public school construction; requiring the
39		-	Interagency Commission and the Maryland Department of Health to make a certain
40		-	determination about food preparation equipment used in schools; and generally
41		-	relating to the funding and administration of public school construction.
	17	+	Read and Examined by Proofreaders:
42	18
43		-	BY repealing and reenacting, with amendments,
44		-	Article – Education
45		-	Section 4–126(e)(3)(ii)3., 4–126.2, 5–303(d)(3) and (5) and (k), 5–310(b), (f), and (g),
46		-	5–315, 5–322(j)(1), and 5–326(i) 5–326(a), (b), and (i)
47		-	Annotated Code of Maryland
48		-	(2018 Replacement Volume and 2021 Supplement)
49		-	Ch. 32 2022 LAWS OF MARYLAND
	19	+	_______________________________________________
	20	+	Proofreader.
	21	+	_______________________________________________
	22	+	Proofreader.
50	23
51		-	– 2 –
52		-	BY repealing and reenacting, without amendments,
53		-	Article – Education
54		-	Section 5–303(d)(4), 5–310(a), 5–322(a) and (b), and 5–326(a) and (b) 5–317, and
55		-	5–322(a) and (b)
56		-	Annotated Code of Maryland
57		-	(2018 Replacement Volume and 2021 Supplement)
	24	+	Sealed with the Great Seal and presented to the Governor, for his approval this
58	25
59		-	BY adding to
60		-	Article – Education
61		-	Section 5–303(l) and 5–327
62		-	Annotated Code of Maryland
63		-	(2018 Replacement Volume and 2021 Supplement)
	26	+	_______ day of _______________ at _________________ _______ o’clock, ________M.
64	27
65		-	BY repealing and reenacting, without amendments,
66		-	Article – Education
67		-	Section 5–324
68		-	Annotated Code of Maryland
69		-	(2018 Replacement Volume and 2021 Supplement)
70		-	(As enacted by Chapter 20 of the Acts of the General Assembly of 2020)
	28	+	______________________________________________
	29	+	Speaker.
71	30
72		-	BY repealing and reenacting, with amendments,
73		-	Article – Economic Development
74		-	Section 10–645(g)(2) and (h)(2), 10–649(g), and 10–650(c)
75		-	Annotated Code of Maryland
76		-	(2018 Replacement Volume and 2021 Supplement)
	31	+	CHAPTER ______
77	32
78		-	BY repealing and reenacting, without amendments,
79		-	Article – State Finance and Procurement
80		-	Section 6–226(a)(2)(i)
81		-	Annotated Code of Maryland
82		-	(2021 Replacement Volume)
	33	+	AN ACT concerning 1
83	34
84		-	BY repealing and reenacting, with amendments,
85		-	Article – State Finance and Procurement
86		-	Section 6–226(a)(2)(ii)101. 6–226(a)(2)(ii)101. and 125.
87		-	Annotated Code of Maryland
88		-	(2021 Replacement Volume)
	35	+	Education – Public School Construction – Funding and Administration 2
89	36
90		-	BY repealing and reenacting, without amendments,
91		-	Article – State Government
92		-	Section 9–1A–30(a) through (c)
93		-	Annotated Code of Maryland
94		-	(2021 Replacement Volume)
	37	+	FOR the purpose of requiring the Interagency Commission on School Construction to take 3
	38	+	certain actions relating to public school construction, including updating certain 4
	39	+	regulations, increasing the State share of certain school construction project costs 5
	40	+	under certain circumstances, inspecting certain systems and equipment during 6
	41	+	inspections of school buildings, establishing certain processes for appeals and for 7
	42	+	reporting certain information regarding school buildings, and including certain 8
	43	+	information in the Integrated Master Facility Asset Library; prohibiting the 9
	44	+	Interagency Commission, unless certain conditions are met, from taking certain 10
	45	+	actions relating to public school construction, including making a certain deduction 11
	46	+	when calculating a certain State construction allocation, using facility assessment 12
	47	+	data, and making funding decisions based on facility assessment results; requiring 13
	48	+	certain rights of the Interagency Commission to be specified in a certain 14
	49	+	memorandum of understanding; requiring local education agencies to take certain 15 2 HOUSE BILL 1290
95	50
96		-	BY repealing and reenacting, with amendments,
97		-	Article – State Government LAWRENCE J. HOGAN, JR., Governor Ch. 32
98	51
99		-	– 3 –
100		-	Section 9–1A–30(d)
101		-	Annotated Code of Maryland
102		-	(2021 Replacement Volume)
	52	+	actions if a certain inspection requires the closure of a school building; renaming the 1
	53	+	Local Share of School Construction Costs Revolving Loan Fund to be the School 2
	54	+	Construction Revolving Loan Fund; altering the purpose and eligibility criteria of 3
	55	+	the School Construction Revolving Loan Fund; providing for the repayment of loans 4
	56	+	to the School Construction Revolving Loan Fund; altering and extending certain 5
	57	+	mandated appropriations to the School Construction Revolving Loan Fund, the 6
	58	+	Healthy School Facility Fund, and the Public School Facilities Priority Fund; 7
	59	+	renaming the Public School Facilities Priority Fund to be the Nancy K. Kopp Public 8
	60	+	School Facilities Priority Fund; authorizing a county to use a loan from the School 9
	61	+	Construction Revolving Loan Fund for a certain purpose; altering the amount of 10
	62	+	certain required deposits into the Baltimore City Public School Construction 11
	63	+	Financing Fund; altering the authorized uses of money in the Education Trust Fund; 12
	64	+	repealing certain provisions of law that repealed the provisions of the Aging Schools 13
	65	+	Program and the School Safety Grant Program; declaring the intent of the General 14
	66	+	Assembly regarding funding for public school construction; requiring the 15
	67	+	Interagency Commission and the Maryland Department of Health to make a certain 16
	68	+	determination about food preparation equipment used in schools; and generally 17
	69	+	relating to the funding and administration of public school construction. 18
103	70
104		-	BY repealing
105		-	Chapter 20 of the Acts of the General Assembly of 2020
106		-	Section 8 and 11
	71	+	BY repealing and reenacting, with amendments, 19
	72	+	Article – Education 20
	73	+	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
	74	+	5–315, 5–322(j)(1), and 5–326(i) 5–326(a), (b), and (i) 22
	75	+	Annotated Code of Maryland 23
	76	+	(2018 Replacement Volume and 2021 Supplement) 24
107	77
108		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
109		-	That the Laws of Maryland read as follows:
	78	+	BY repealing and reenacting, without amendments, 25
	79	+	Article – Education 26
	80	+	Section 5–303(d)(4), 5–310(a), 5–322(a) and (b), and 5–326(a) and (b) 5–317, and 27
	81	+	5–322(a) and (b) 28
	82	+	Annotated Code of Maryland 29
	83	+	(2018 Replacement Volume and 2021 Supplement) 30
110	84
111		-	Article – Education
	85	+	BY adding to 31
	86	+	Article – Education 32
	87	+	Section 5–303(l) and 5–327 33
	88	+	Annotated Code of Maryland 34
	89	+	(2018 Replacement Volume and 2021 Supplement) 35
112	90
113		-	4–126.
	91	+	BY repealing and reenacting, without amendments, 36
	92	+	Article – Education 37
	93	+	Section 5–324 38
	94	+	Annotated Code of Maryland 39
	95	+	(2018 Replacement Volume and 2021 Supplement) 40
	96	+	(As enacted by Chapter 20 of the Acts of the General Assembly of 2020) 41
114	97
115		-	(e) (3) (ii) In Prince George’s County, projects that use alternative
116		-	financing methods under this section and receive State funding for a yearly availability
117		-	payment:
	98	+	BY repealing and reenacting, with amendments, 42 HOUSE BILL 1290 3
118	99
119		-	3. If the project receives State funding for a yearly
120		-	availability payment from the Supplemental Public School Construction Financing Fund
121		-	under § 10–658 of the Economic Development Article, the project shall comply with a
122		-	four–party memorandum of understanding entered into and signed by the Prince George’s
123		-	County Board, Prince George’s County, the Maryland Stadium Authority, and the
124		-	Interagency Commission on School Construction that:
125	100
126		-	A. [Specifies] SUBJECT TO ITEM G OF THIS ITEM ,
127		-	SPECIFIES the roles, rights, terms, and responsibilities of each party with respect to school
128		-	projects undertaken with a private or public entity using alternative financing methods,
129		-	including any amounts the parties are required to deposit into the Prince George’s County
130		-	Public–Private Partnership Fund established under § 4–126.2 of this subtitle;
	101	+	Article – Economic Development 1
	102	+	Section 10–645(g)(2) and (h)(2), 10–649(g), and 10–650(c) 2
	103	+	Annotated Code of Maryland 3
	104	+	(2018 Replacement Volume and 2021 Supplement) 4
131	105
132		-	B. Specifies that § 2–203(f) and Title 5, Subtitle 3 of this
133		-	article and regulations governing the Public School Construction Program are not
134		-	applicable to projects using alternative financing methods;
	106	+	BY repealing and reenacting, without amendments, 5
	107	+	Article – State Finance and Procurement 6
	108	+	Section 6–226(a)(2)(i) 7
	109	+	Annotated Code of Maryland 8
	110	+	(2021 Replacement Volume) 9
135	111
136		-	C. Requires the Prince George’s County Board to submit
137		-	projects to the Interagency Commission on School Construction for review before
138		-	commencement of the project;
	112	+	BY repealing and reenacting, with amendments, 10
	113	+	Article – State Finance and Procurement 11
	114	+	Section 6–226(a)(2)(ii)101. 6–226(a)(2)(ii)101. and 125. 12
	115	+	Annotated Code of Maryland 13
	116	+	(2021 Replacement Volume) 14
139	117
140		-	D. Specifies the time frames in which the Interagency
141		-	Commission on School Construction shall complete its review of projects;
	118	+	BY repealing and reenacting, without amendments, 15
	119	+	Article – State Government 16
	120	+	Section 9–1A–30(a) through (c) 17
	121	+	Annotated Code of Maryland 18
	122	+	(2021 Replacement Volume) 19
142	123
143		-	E. Requires the Prince George’s County Board to submit
144		-	annual reports to Prince George’s County, the Maryland Stadium Authority, and the Ch. 32 2022 LAWS OF MARYLAND
	124	+	BY repealing and reenacting, with amendments, 20
	125	+	Article – State Government 21
	126	+	Section 9–1A–30(d) 22
	127	+	Annotated Code of Maryland 23
	128	+	(2021 Replacement Volume) 24
145	129
146		-	~~– 4 –~~
147		-	~~Interagency Commission on School Construction during the term~~ of the ~~alternative~~
148		-	~~financing method contract with the public or private entity; [and]~~
	130	+	BY repealing 25
	131	+	Chapter 20 of the Acts of the General Assembly of 2020 26
	132	+	Section 8 and 11 27
149	133
150		-	F. ~~Specifies~~ the ~~terms under which each party will comply~~
151		-	~~with~~ the ~~provisions~~ of ~~§§ 4–126.1 and 4–126.2 of this subtitle; AND~~
	134	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 28
	135	+	That the Laws of Maryland read as follows: 29
152	136
153		-	G. SPECIFIES THE ROLES O F THE INTERAGENCY
154		-	COMMISSION ON SCHOOL CONSTRUCTION , INCLUDING THE INTERAGENCY
155		-	COMMISSION’S RIGHTS RELATED TO :
	137	+	Article – Education 30
156	138
157		-	I. ~~APPROVAL OF THE PROJECT AGREEMENT;~~
	139	+	4–126. 31
158	140
159		-	II. APPROVAL OF SITE –SPECIFIC EDUCATIONAL
160		-	SPECIFICATIONS ;
	141	+	(e) (3) (ii) In Prince George’s County, projects that use alternative 32
	142	+	financing methods under this section and receive State funding for a yearly availability 33
	143	+	payment: 34
161	144
162		-	III. APPROVAL OF FINAL SITE SELECT IONS; AND
	145	+	3. If the project receives State funding for a yearly 35
	146	+	availability payment from the Supplemental Public School Construction Financing Fund 36
	147	+	under § 10–658 of the Economic Development Article, the project shall comply with a 37 4 HOUSE BILL 1290
163	148
164		-	IV. THE ROLE OF THE GOVER NING BODY OF THE
165		-	PROGRAM .
166	149
167		-	4–126.2.
	150	+	four–party memorandum of understanding entered into and signed by the Prince George’s 1
	151	+	County Board, Prince George’s County, the Maryland Stadium Authority, and the 2
	152	+	Interagency Commission on School Construction that: 3
168	153
169		-	(a) In this section, “Fund” means the Prince George’s County Public–Private
170		-	Partnership Fund.
	154	+	A. [Specifies] SUBJECT TO ITEM G OF THIS ITEM , 4
	155	+	SPECIFIES the roles, rights, terms, and responsibilities of each party with respect to school 5
	156	+	projects undertaken with a private or public entity using alternative financing methods, 6
	157	+	including any amounts the parties are required to deposit into the Prince George’s County 7
	158	+	Public–Private Partnership Fund established under § 4–126.2 of this subtitle; 8
171	159
172		-	(b) There is a Prince George’s County Public–Private Partnership Fund.
	160	+	B. Specifies that § 2–203(f) and Title 5, Subtitle 3 of this 9
	161	+	article and regulations governing the Public School Construction Program are not 10
	162	+	applicable to projects using alternative financing methods; 11
173	163
174		-	(c) The purpose of the Fund is to provide funds TO PRINCE GEORGE’S COUNTY
175		-	FOR PRINCE GEORGE’S COUNTY to pay a public or private entity for the availability
176		-	payment due under the Prince George’s County public–private partnership agreement
177		-	entered into in accordance with § 4–126.1 of this subtitle.
	164	+	C. Requires the Prince George’s County Board to submit 12
	165	+	projects to the Interagency Commission on School Construction for review before 13
	166	+	commencement of the project; 14
178	167
179		-	(d) The Interagency Commission on School Construction shall administer the
180		-	Fund as described in the four–party memorandum of understanding entered into under §
181		-	4–126(e)(3)(ii) of this subtitle.
	168	+	D. Specifies the time frames in which the Interagency 15
	169	+	Commission on School Construction shall complete its review of projects; 16
182	170
183		-	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
184		-	the State Finance and Procurement Article.
	171	+	E. Requires the Prince George’s County Board to submit 17
	172	+	annual reports to Prince George’s County, the Maryland Stadium Authority, and the 18
	173	+	Interagency Commission on School Construction during the term of the alternative 19
	174	+	financing method contract with the public or private entity; [and] 20
185	175
186		-	~~(2)~~ The ~~State Treasurer shall hold the Fund separately,~~ ~~and the~~
187		-	~~Comptroller shall account for~~ the ~~Fund~~.
	176	+	F. Specifies the terms under which each party will comply 21
	177	+	with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle; AND 22
188	178
189		-	(f) The Fund consists of:
190		-	LAWRENCE J. HOGAN, JR., Governor Ch. 32
	179	+	G. SPECIFIES THE ROLES O F THE INTERAGENCY 23
	180	+	COMMISSION ON SCHOOL CONSTRUCTION , INCLUDING THE INTERAGENCY 24
	181	+	COMMISSION’S RIGHTS RELATED TO : 25
191	182
192		-	– 5 –
193		-	(1) Money deposited into the Fund by Prince George’s County, the Prince
194		-	George’s County Board, and the Maryland Stadium Authority;
	183	+	I. APPROVAL OF THE PROJECT AGREEMENT; 26
195	184
196		-	(2) Money deposited into the Fund by the State;
	185	+	II. APPROVAL OF SITE –SPECIFIC EDUCATIONAL 27
	186	+	SPECIFICATIONS ; 28
197	187
198		-	~~(3) Any investment earnings~~ of ~~the Fund~~; and
	188	+	III. APPROVAL OF FINAL SITE SELECT IONS; AND 29
199	189
200		-	~~(4) Any other money from any other source accepted for~~ the ~~benefit~~ of the
201		-	~~Fund~~.
	190	+	IV. THE ROLE OF THE GOVER NING BODY OF THE 30
	191	+	PROGRAM . 31
202	192
203		-	(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may
204		-	be used only to provide funding TO PRINCE GEORGE’S COUNTY for alternative financing
205		-	methods under § 4–126 of this subtitle in Prince George’s County.
	193	+	4–126.2. 32
	194	+	HOUSE BILL 1290 5
206	195
207		-	(2) If Prince George’s County receives State funding for an availability
208		-	payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 of this
209		-	subtitle may be used only to pay an availability payment to a private entity under the
210		-	public–private partnership agreement entered into and approved in accordance with §
211		-	4–126.1 of this subtitle.
212	196
213		-	(h) Any appropriation to the Fund shall be used to supplement, but not supplant,
214		-	money appropriated to Prince George’s County for public school construction under the
215		-	Public School Construction Program established in Title 5, Subtitle 3 of this article.
	197	+	(a) In this section, “Fund” means the Prince George’s County Public–Private 1
	198	+	Partnership Fund. 2
216	199
217		-	(i) (1) The State Treasurer shall invest the money of the Fund in the same
218		-	manner as other State money may be invested.
	200	+	(b) There is a Prince George’s County Public–Private Partnership Fund. 3
219	201
220		-	(2) Any interest earnings of the Fund shall be credited to the Fund.
	202	+	(c) The purpose of the Fund is to provide funds TO PRINCE GEORGE’S COUNTY 4
	203	+	FOR PRINCE GEORGE’S COUNTY to pay a public or private entity for the availability 5
	204	+	payment due under the Prince George’s County public–private partnership agreement 6
	205	+	entered into in accordance with § 4–126.1 of this subtitle. 7
221	206
222		-	(j) If a memorandum of understanding is entered into under § 4–126 of this
223		-	subtitle and State funding is provided for an availability payment, the Prince George’s
224		-	County Board and Prince George’s County shall deposit into the Fund the amounts
225		-	required under the memorandum of understanding.
	207	+	(d) The Interagency Commission on School Construction shall administer the 8
	208	+	Fund as described in the four–party memorandum of understanding entered into under § 9
	209	+	4–126(e)(3)(ii) of this subtitle. 10
226	210
227		-	5–303.
	211	+	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 11
	212	+	the State Finance and Procurement Article. 12
228	213
229		-	(~~d) (3~~) The ~~regulations adopted by~~ the ~~Interagency Commission shall contain~~
230		-	~~provisions:~~
	214	+	(2) The State Treasurer shall hold the Fund separately, and the 13
	215	+	Comptroller shall account for the Fund. 14
231	216
232		-	(i) Subject to subsection (k) of this section, establishing a State and
233		-	local cost–share formula for each county that identifies the factors used in establishing the
234		-	formulas and the actual State and local cost–share percentages by the formula for each
235		-	county;
	217	+	(f) The Fund consists of: 15
236	218
237		-	(ii) ~~Requiring local education agencies to adopt educational facilities~~
238		-	~~master plans~~ and ~~annual capital improvement programs; Ch. 32 2022 LAWS OF~~ MARYLAND
	219	+	(1) Money deposited into the Fund by Prince George’s County, the Prince 16
	220	+	George’s County Board, and the Maryland Stadium Authority; 17
239	221
240		-	~~– 6 –~~
	222	+	(2) Money deposited into the Fund by the State; 18
241	223
242		-	(iii) [Providing] SUBJECT TO SUBSECTION (L) OF THIS SECTION,
243		-	PROVIDING a method for establishing a maximum State construction allocation for each
244		-	project approved for State funding;
	224	+	(3) Any investment earnings of the Fund; and 19
245	225
246		-	(iv) ~~Referencing~~ the ~~policies stated in § 5–7B–07~~ of the ~~State Finance~~
247		-	~~and Procurement Article;~~
	226	+	(4) Any other money from any other source accepted for the benefit of the 20
	227	+	Fund. 21
248	228
249		-	(v) ~~Requiring local school systems to adopt procedures consistent~~
250		-	~~with the minority business enterprise policies of the State as required under the Code of~~
251		-	~~Maryland Regulations;~~
	229	+	(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may 22
	230	+	be used only to provide funding TO PRINCE GEORGE’S COUNTY for alternative financing 23
	231	+	methods under § 4–126 of this subtitle in Prince George’s County. 24
252	232
253		-	(vi) Establishing a process for appeal of Interagency Commission
254		-	decisions, INCLUDING AN APPEAL PROCESS SPECIFICALLY FOR APPROVED
255		-	ENROLLMENT PROJECTS PROJECTIONS FOR INDIVIDUAL PROJE CTS TO THE FULL
256		-	INTERAGENCY COMMISSION;
	233	+	(2) If Prince George’s County receives State funding for an availability 25
	234	+	payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 of this 26
	235	+	subtitle may be used only to pay an availability payment to a private entity under the 27
	236	+	public–private partnership agreement entered into and approved in accordance with § 28
	237	+	4–126.1 of this subtitle. 29
257	238
258		-	(vii) Requiring local education agencies to adopt, implement, and
259		-	periodically update comprehensive maintenance plans and preventative maintenance
260		-	plans;
	239	+	(h) Any appropriation to the Fund shall be used to supplement, but not supplant, 30
	240	+	money appropriated to Prince George’s County for public school construction under the 31
	241	+	Public School Construction Program established in Title 5, Subtitle 3 of this article. 32
	242	+	6 HOUSE BILL 1290
261	243
262		-	(viii) Authorizing the Interagency Commission to withhold State
263		-	public school construction funds from a local education agency that fails to comply with the
264		-	requirements of item (vii) of this paragraph;
265	244
266		-	(ix) Requiring the development and submission of long–range plans,
267		-	including a requirement for the annual submission of a 10–Year Educational Facilities
268		-	Master Plan; and
	245	+	(i) (1) The State Treasurer shall invest the money of the Fund in the same 1
	246	+	manner as other State money may be invested. 2
269	247
270		-	(x) Requiring the submission of an annual Capital Improvement
271		-	Program, which may only be required to include plans for specific projects and requests for
272		-	planning and construction projects for the upcoming fiscal year.
	248	+	(2) Any interest earnings of the Fund shall be credited to the Fund. 3
273	249
274		-	(4) In adopting any of these requirements, the State Board and the
275		-	Interagency Commission shall provide for the maximum exercise of initiative by school
276		-	personnel in each county to ensure that the school buildings and improvements meet both
277		-	the needs of the local communities and the rules and regulations necessary to ensure the
278		-	proper operation of this section and the prudent expenditure of State funds.
	250	+	(j) If a memorandum of understanding is entered into under § 4–126 of this 4
	251	+	subtitle and State funding is provided for an availability payment, the Prince George’s 5
	252	+	County Board and Prince George’s County shall deposit into the Fund the amounts 6
	253	+	required under the memorandum of understanding. 7
279	254
280		-	~~(5) The Interagency Commission shall [update]:~~
	255	+	5–303. 8
281	256
282		-	(I) UPDATE the regulations required under paragraph (3)(i) of this
283		-	subsection every 2 years; AND
284		-	LAWRENCE J. HOGAN, JR., Governor Ch. 32
	257	+	(d) (3) The regulations adopted by the Interagency Commission shall contain 9
	258	+	provisions: 10
285	259
286		-	– 7 –
287		-	(II) WHEN UPDATING THE REG ULATIONS IN ACCORDAN CE WITH
288		-	ITEM (I) OF THIS PARAGRAPH , LIMIT THE PERCENTAGE DECREASE IN THE STATE
289		-	SHARE OF SCHOOL CONS TRUCTION COSTS TO NO T MORE THAN 5% FOR EACH
290		-	COUNTY.
	260	+	(i) Subject to subsection (k) of this section, establishing a State and 11
	261	+	local cost–share formula for each county that identifies the factors used in establishing the 12
	262	+	formulas and the actual State and local cost–share percentages by the formula for each 13
	263	+	county; 14
291	264
292		-	(k) ~~(1) A county is eligible for an adjustment~~ to ~~the local cost–share for school~~
293		-	~~construction projects under paragraph (2) of this subsection if:~~
	265	+	(ii) Requiring local education agencies to adopt educational facilities 15
	266	+	master plans and annual capital improvement programs; 16
294	267
295		-	(i) A county’s median household income is in the bottom quartile in
296		-	the State; and
	268	+	(iii) [Providing] SUBJECT TO SUBSECTION (L) OF THIS SECTION, 17
	269	+	PROVIDING a method for establishing a maximum State construction allocation for each 18
	270	+	project approved for State funding; 19
297	271
298		-	(ii) The State ~~and local cost–share formula for the county is 50%~~
299		-	~~State~~ and ~~50% local.~~
	272	+	(iv) Referencing the policies stated in § 5–7B–07 of the State Finance 20
	273	+	and Procurement Article; 21
300	274
301		-	(2) ~~(i) The~~ local ~~cost–share of a~~ school ~~construction project in a county~~
302		-	~~that is eligible~~ under ~~paragraph (1)~~ of ~~this subsection shall be reduced to equal the local~~
303		-	~~cost–share of the adjacent county that is less than 50% but closest to 50%.~~
	275	+	(v) Requiring local school systems to adopt procedures consistent 22
	276	+	with the minority business enterprise policies of the State as required under the Code of 23
	277	+	Maryland Regulations; 24
304	278
305		-	(ii) The State cost–share of a school construction project in the
306		-	eligible county shall be increased by a percentage that is equal to the reduction under
307		-	subparagraph (i) of this paragraph.
	279	+	(vi) Establishing a process for appeal of Interagency Commission 25
	280	+	decisions, INCLUDING AN APPEAL PROCESS SPECIFICALLY FOR APPROVED 26
	281	+	ENROLLMENT PROJECTS PROJECTIONS FOR INDIVIDUAL PROJE CTS TO THE FULL 27
	282	+	INTERAGENCY COMMISSION; 28
308	283
309		-	(3) A COUNTY SHALL RECEIVE :
	284	+	(vii) Requiring local education agencies to adopt, implement, and 29
	285	+	periodically update comprehensive maintenance plans and preventative maintenance 30
	286	+	plans; 31
310	287
311		-	(I) A 10% 10 PERCENTAGE POINT INCREASE IN THE STATE
312		-	SHARE OF A SCHOOL CO NSTRUCTION PROJECT I F THE PROPOSED SCHOO L
313		-	CONSTRUCTION PROJECT , WHEN A LOCAL SCHOOL SYSTEM SUBMITS A PRO JECT
314		-	FOR APPROVAL TO THE INTERAGENCY COMMISSION, IS AT A SCHOOL WITH A
315		-	CONCENTRATION OF POV ERTY LEVEL, AS DEFINED IN § 5–223 OF THIS TITLE, OF
316		-	80% OR GREATER;
	288	+	(viii) Authorizing the Interagency Commission to withhold State 32
	289	+	public school construction funds from a local education agency that fails to comply with the 33
	290	+	requirements of item (vii) of this paragraph; 34 HOUSE BILL 1290 7
317	291
318		-	(II) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE
319		-	OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED SCHOOL CONS TRUCTION
320		-	PROJECT, WHEN A LOCAL SCHOOL SYSTEM SUBMITS A PRO JECT FOR APPROVAL TO
321		-	THE INTERAGENCY COMMISSION, IS AT A SCHOOL WITH A CONCENTRATION OF
322		-	POVERTY LEVEL , AS DEFINED IN § 5–223 OF THIS TITLE, OF LESS THAN 80% BUT
323		-	GREATER THAN 55%;
324	292
325		-	(III) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE
326		-	OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED SCHOOL CONS TRUCTION
327		-	PROJECT IS AT A SCHO OL THAT, IN THE MOST RECENT S CHOOL MAINTENANCE
328		-	EFFECTIVENESS ASSESS MENT BY THE INTERAGENCY COMMISSION, RECEIVED AN
329		-	ASSESSMENT RATING OF:
330	293
331		-	1. GOOD; Ch. 32 2022 LAWS OF MARYLAND
	294	+	(ix) Requiring the development and submission of long–range plans, 1
	295	+	including a requirement for the annual submission of a 10–Year Educational Facilities 2
	296	+	Master Plan; and 3
332	297
333		-	– 8 –
	298	+	(x) Requiring the submission of an annual Capital Improvement 4
	299	+	Program, which may only be required to include plans for specific projects and requests for 5
	300	+	planning and construction projects for the upcoming fiscal year. 6
334	301
335		-	2. SUPERIOR; OR
	302	+	(4) In adopting any of these requirements, the State Board and the 7
	303	+	Interagency Commission shall provide for the maximum exercise of initiative by school 8
	304	+	personnel in each county to ensure that the school buildings and improvements meet both 9
	305	+	the needs of the local communities and the rules and regulations necessary to ensure the 10
	306	+	proper operation of this section and the prudent expenditure of State funds. 11
336	307
337		-	3. ADEQUATE AND THE SCHO OL’S CURRENT SCHOOL
338		-	FACILITY ASSESSMENT PERCENT OF EXPECTED USEFUL LIFE IS AT LE AST 100%
339		-	120%; AND
	308	+	(5) The Interagency Commission shall [update]: 12
340	309
341		-	(IV) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE
342		-	OF A SCHOOL CONSTRUCTION PROJECT IF THE PROPOSED PROJ ECT IS TO BUILD A
343		-	NET–ZERO SCHOOL .
	310	+	(I) UPDATE the regulations required under paragraph (3)(i) of this 13
	311	+	subsection every 2 years; AND 14
344	312
345		-	(L) THE INTERAGENCY COMMISSION MAY MAKE A N ELIGIBLE
346		-	ENROLLMENT DEDUCTION FOR AN ADJACENT SCHO OL WHEN CALCULATING THE
347		-	MAXIMUM STATE CONSTRUCTION AL LOCATION FOR A PROJE CT APPROVED FOR
348		-	STATE FUNDING UNDER S UBSECTION (D)(3)(II) OF THIS SECTION ONLY IF THE SUM
349		-	OF AVAILABLE SEAT COUNT IN AN ADJACENT SCHOOL ALL ADJACENT SCHOOLS IS
350		-	15% OR MORE OF THE ADJACENT PROJECT SCHOOL’S ENROLLMENT .
	313	+	(II) WHEN UPDATING THE REG ULATIONS IN ACCORDAN CE WITH 15
	314	+	ITEM (I) OF THIS PARAGRAPH , LIMIT THE PERCENTAGE DECREASE IN THE STATE 16
	315	+	SHARE OF SCHOOL CONS TRUCTION COSTS TO NO T MORE THAN 5% FOR EACH 17
	316	+	COUNTY. 18
351	317
352		-	5–310.
	318	+	(k) (1) A county is eligible for an adjustment to the local cost–share for school 19
	319	+	construction projects under paragraph (2) of this subsection if: 20
353	320
354		-	(a) (1) In this section the following words have the meanings indicated.
	321	+	(i) A county’s median household income is in the bottom quartile in 21
	322	+	the State; and 22
355	323
356		-	(2) “Educational facilities sufficiency standards” means a uniform set of
357		-	criteria and measures for evaluating the physical attributes and educational suitability of
358		-	public elementary and secondary school facilities in the State.
	324	+	(ii) The State and local cost–share formula for the county is 50% 23
	325	+	State and 50% local. 24
359	326
360		-	(3) ~~“Facility condition index”~~ ~~means~~ a ~~calculation to determine the relative~~
361		-	~~physical condition~~ of ~~public school facilities by dividing~~ the ~~total repair cost of a facility by~~
362		-	~~the total replacement~~ cost of ~~a facility~~.
	327	+	(2) (i) The local cost–share of a school construction project in a county 25
	328	+	that is eligible under paragraph (1) of this subsection shall be reduced to equal the local 26
	329	+	cost–share of the adjacent county that is less than 50% but closest to 50%. 27
363	330
364		-	(b) (1) (I) Each fiscal year, the Interagency Commission shall survey the
365		-	condition of school buildings identified by the Department.
	331	+	(ii) The State cost–share of a school construction project in the 28
	332	+	eligible county shall be increased by a percentage that is equal to the reduction under 29
	333	+	subparagraph (i) of this paragraph. 30
366	334
367		-	(II) THE INTERAGENCY COMMISSION SHALL INCL UDE IN THE
368		-	INSPECTIONS OF INDIV IDUAL SCHOOL BUILDIN GS:
	335	+	(3) A COUNTY SHALL RECEIVE : 31
369	336
370		-	1. A PROCESS FOR A LOCAL EDUCATION AGENCY TO
371		-	REPORT ANY ADDITIONA L INFORMATION RELEVA NT TO THE INSPECTION ,
372		-	INCLUDING A PLACE IN THE MASTER FACILITY ASSET LIBRARY SYSTEM FOR THE
373		-	LOCAL EDUCATION AGEN CY TO:
	337	+	(I) A 10% 10 PERCENTAGE POINT INCREASE IN THE STATE 32
	338	+	SHARE OF A SCHOOL CO NSTRUCTION PROJECT I F THE PROPOSED SCHOO L 33 8 HOUSE BILL 1290
374	339
375		-	A. REPORT EACH YEAR TO T HE INTERAGENCY
376		-	COMMISSION ON ANY DEF ICIENCIES IN A SCHOO L BUILDING, EVEN IF THE SCHOOL LAWRENCE J. HOGAN, JR., Governor Ch. 32
377	340
378		-	– 9 –
379		-	BUILDING WAS NOT INS PECTED IN ACCORDANCE WITH PARAGRAPH (2) OF THIS
380		-	SUBSECTION IN THE PR IOR YEAR;
	341	+	CONSTRUCTION PROJECT , WHEN A LOCAL SCHOOL SYSTEM SUBMITS A PRO JECT 1
	342	+	FOR APPROVAL TO THE INTERAGENCY COMMISSION, IS AT A SCHOOL WITH A 2
	343	+	CONCENTRATION OF POV ERTY LEVEL, AS DEFINED IN § 5–223 OF THIS TITLE, OF 3
	344	+	80% OR GREATER; 4
381	345
382		-	B. IDENTIFY SPACES IN A SCHOOL BUILDING LIKE LY TO
383		-	HAVE BEEN PAINTED WI TH LEAD PAINT; AND
	346	+	(II) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE 5
	347	+	OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED SCHOOL CONS TRUCTION 6
	348	+	PROJECT, WHEN A LOCAL SCHOOL SYSTEM SUBMITS A PRO JECT FOR APPROVAL TO 7
	349	+	THE INTERAGENCY COMMISSION, IS AT A SCHOOL WITH A CONCENTRATION OF 8
	350	+	POVERTY LEVEL , AS DEFINED IN § 5–223 OF THIS TITLE, OF LESS THAN 80% BUT 9
	351	+	GREATER THAN 55%; 10
384	352
385		-	C. REPORT CERTIFICATION OF THE ASBESTOS HAZARD
386		-	EMERGENCY RESPONSE ACT PLAN FOR THE SPAC E; AND
	353	+	(III) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE 11
	354	+	OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED SCHOOL CONSTRU CTION 12
	355	+	PROJECT IS AT A SCHO OL THAT, IN THE MOST RECENT S CHOOL MAINTENANCE 13
	356	+	EFFECTIVENESS ASSESS MENT BY THE INTERAGENCY COMMISSION, RECEIVED AN 14
	357	+	ASSESSMENT RATING OF : 15
387	358
388		-	2. A PROCESS TO INCORPORA TE MAINTENANCE DATA
389		-	FOR INDIVIDUAL SCHOO L BUILDINGS.
	359	+	1. GOOD; 16
390	360
391		-	(2) (I) The Interagency Commission shall conduct the inspections of
392		-	individual school buildings that are necessary to complete the survey required in paragraph
393		-	(1) of this subsection.
	361	+	2. SUPERIOR; OR 17
394	362
395		-	~~(II)~~ THE ~~INSPECTIONS COMPL ETED UNDER PARAGRAPH (1) OF~~
396		-	~~THIS SUBSECTION SHAL L INCLUDE AN INSPECTIO N~~ OF ~~INCLUDE THE FOLLOWING~~
397		-	~~ITEMS FOR EACH SCHOO L BUILDING:~~
	363	+	3. ADEQUATE AND THE SCHO OL’S CURRENT SCHOOL 18
	364	+	FACILITY ASSESSMENT PERCENT OF EXPECTED USEFUL LIFE IS AT LE AST 100% 19
	365	+	120%; AND 20
398	366
399		-	1. TEMPERATURE ;
	367	+	(IV) A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE SHARE 21
	368	+	OF A SCHOOL CONSTRUC TION PROJECT IF THE PROPOSED PROJECT IS TO BUILD A 22
	369	+	NET–ZERO SCHOOL . 23
400	370
401		-	2. HUMIDITY;
	371	+	(L) THE INTERAGENCY COMMISSION MAY MAKE A N ELIGIBLE 24
	372	+	ENROLLMENT DEDUCTION FOR AN ADJACENT SCHO OL WHEN CALCULATING THE 25
	373	+	MAXIMUM STATE CONSTRUCTION AL LOCATION FOR A PROJE CT APPROVED FOR 26
	374	+	STATE FUNDING UNDER S UBSECTION (D)(3)(II) OF THIS SECTION O NLY IF THE SUM 27
	375	+	OF AVAILABLE SEAT COUNT IN AN ADJACENT SCHOOL ALL ADJACENT SCHOOLS IS 28
	376	+	15% OR MORE OF THE ADJACENT PROJECT SCHOOL’S ENROLLMENT . 29
402	377
403		-	3. ~~CARBON DIOXIDE LEVEL ;~~
	378	+	5–310. 30
404	379
405		-	4. ~~ACOUSTIC LEVELS ;~~
	380	+	(a) (1) In this section the following words have the meanings indicated. 31
406	381
407		-	5. LEAD PAINT;
	382	+	(2) “Educational facilities sufficiency standards” means a uniform set of 32
	383	+	criteria and measures for evaluating the physical attributes and educational suitability of 33
	384	+	public elementary and secondary school facilities in the State. 34 HOUSE BILL 1290 9
408	385
409		-	6. ASBESTOS;
410	386
411		-	7. KITCHEN SANITARY EQUI PMENT;
412	387
413		-	8. LIGHTING;
	388	+	(3) “Facility condition index” means a calculation to determine the relative 1
	389	+	physical condition of public school facilities by dividing the total repair cost of a facility by 2
	390	+	the total replacement cost of a facility. 3
414	391
415		-	~~9. EMERGENCY COMMUNICATI ON SYSTEM~~ , ~~WITH~~
416		-	~~RESPECT TO REMAINING USEFUL LIFE;~~
	392	+	(b) (1) (I) Each fiscal year, the Interagency Commission shall survey the 4
	393	+	condition of school buildings identified by the Department. 5
417	394
418		-	10. HEALTH ROOM ATTRIBUTE S;
	395	+	(II) THE INTERAGENCY COMMISSION SHALL INCL UDE IN THE 6
	396	+	INSPECTIONS OF INDIV IDUAL SCHOOL BUILDIN GS: 7
419	397
420		-	11. SAFETY EQUIPMENT IN E ACH LABORATORY SPACE ;
421		-	AND
422		-	Ch. 32 2022 LAWS OF MARYLAND
	398	+	1. A PROCESS FOR A LOCAL EDUCATION AGENCY TO 8
	399	+	REPORT ANY ADDITIONA L INFORMATION RELEVA NT TO THE INSPECTI ON, 9
	400	+	INCLUDING A PLACE IN THE MASTER FACILITY ASSET LIBRARY SYSTEM FOR THE 10
	401	+	LOCAL EDUCATION AGEN CY TO: 11
423	402
424		-	– 10 –
425		-	12. THE FUNCTIONALITY OF :
	403	+	A. REPORT EACH YEAR TO T HE INTERAGENCY 12
	404	+	COMMISSION ON ANY DEF ICIENCIES IN A SCHOO L BUILDING, EVEN IF THE SCHOOL 13
	405	+	BUILDING WAS NOT INS PECTED IN ACCORDANC E WITH PARAGRAPH (2) OF THIS 14
	406	+	SUBSECTION IN THE PR IOR YEAR; 15
426	407
427		-	A~~. HEATING,~~ ~~VENTILATION, AND AIR–CONDITIONING~~
428		-	~~BUILDING SYSTEMS~~ ;
	408	+	B. IDENTIFY SPACES IN A SCHOOL BUILDING LIKE LY TO 16
	409	+	HAVE BEEN PAINTED WI TH LEAD PAINT; AND 17
429	410
430		-	B. LIFE SAFETY BUILDING SYSTEMS;
	411	+	C. REPORT CERTIFICATION OF THE ASBESTOS HAZARD 18
	412	+	EMERGENCY RESPONSE ACT PLAN FOR THE SPAC E; AND 19
431	413
432		-	C. ROOFS; AND
	414	+	2. A PROCESS TO INCORPORA TE MAINTENANCE DATA 20
	415	+	FOR INDIVIDUAL SCHOO L BUILDINGS. 21
433	416
434		-	D. ANY ADDITIONAL CRITIC AL BUILDING SYSTEMS
435		-	IDENTIFIED BY THE INTERAGENCY COMMISSION.
	417	+	(2) (I) The Interagency Commission shall conduct the inspections of 22
	418	+	individual school buildings that are necessary to complete the survey required in paragraph 23
	419	+	(1) of this subsection. 24
436	420
437		-	(III) DURING AN INSPECTION , IF AN ITEM UNDER
438		-	SUBPARAGRAPH (II)1 THROUGH 6 OF THIS PARAGRAPH RI SES TO SUCH A SEVERE
439		-	LEVEL THAT REQUIRES THE SCHOOL TO BE CLO SED, THE LOCAL EDUCATION
440		-	AGENCY SHALL SUBMIT A PLAN TO THE INTERAGENCY COMMISSION ON HOW TO
441		-	ADDRESS THE ISSUE AN D THE INTERAGENCY COMMISSION SHALL WORK TO
442		-	PRIORITIZE FUNDING T O ADDRESS THE ISSUE .
	421	+	(II) THE INSPECTIONS COMPL ETED UNDER PARAGRAPH (1) OF 25
	422	+	THIS SUBSECTION SHAL L INCLUDE AN INSPECTIO N OF INCLUDE THE FOLLOWING 26
	423	+	ITEMS FOR EACH SCHOO L BUILDING: 27
443	424
444		-	(3) The Interagency Commission shall report to the Governor and the
445		-	General Assembly, on or before October 1 of each year, in accordance with § 2–1257 of the
446		-	State Government Article, on the results of the survey for the prior fiscal year.
	425	+	1. TEMPERATURE ; 28
447	426
448		-	(f) (1) Following the completion of the initial statewide facilities assessment,
449		-	the Interagency Commission shall develop standards and procedures to comprehensively
450		-	update the facilities assessment such that facility assessment data is not older than 4 years.
	427	+	2. HUMIDITY; 29
451	428
452		-	~~(2) Local education agencies shall:~~
	429	+	3. CARBON DIOXIDE LEVEL ; 30
453	430
454		-	(i) Cooperate with the Interagency Commission to update the
455		-	facility assessment; and
	431	+	4. ACOUSTIC LEVELS; 31 10 HOUSE BILL 1290
456	432
457		-	(ii) Contribute data as requested to update the assessment.
458	433
459		-	(3) (i) The Interagency Commission shall enter the facility assessment
460		-	data into an integrated data system, which shall be known as the Integrated Master
461		-	Facility Asset Library.
462	434
463		-	(ii) The Interagency Commission shall manage the Integrated
464		-	Master Facility Asset Library and shall provide access to the Library for all local education
465		-	agencies using a cloud–based system.
	435	+	5. LEAD PAINT; 1
466	436
467		-	(4) THE INTEGRATED MASTER FACILITY ASSET LIBRARY SHALL
468		-	INCLUDE PREVENTIVE M AINTENANCE SCHEDULES ACCESSIBLE TO EACH L OCAL
469		-	EDUCATION AGENCY . LAWRENCE J. HOGAN, JR., Governor Ch. 32
	437	+	6. ASBESTOS; 2
470	438
471		-	~~– 11 –~~
	439	+	7. KITCHEN SANITARY EQUI PMENT; 3
472	440
473		-	(g) (1) (I) [After completion of the initial facility assessment] EXCEPT AS
474		-	PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , the Interagency Commission
475		-	[shall share the data results with the Workgroup on the Assessment and Funding of School
476		-	Facilities and, with the Workgroup, shall consider:
	441	+	8. LIGHTING; 4
477	442
478		-	(i) How the relative condition of public school facilities within the
479		-	educational facilities sufficiency standards and the facility condition index should be
480		-	prioritized, taking into account local priorities and in consultation with local jurisdictions;
481		-	and
	443	+	9. EMERGENCY COMMUNICATI ON SYSTEM , WITH 5
	444	+	RESPECT TO REMAINING USEFUL LIFE; 6
482	445
483		-	(ii) If determined to be appropriate, use of the assessment results in
484		-	funding decisions] MAY NOT USE ANY FACI LITY ASSESSMENT DATA UNTIL THE
485		-	INTERAGENCY COMMISSION ESTABLISHE S THE INTEGRATED MASTER FACILITY
486		-	ASSET LIBRARY.
	446	+	10. HEALTH ROOM ATTRIBUTE S; 7
487	447
488		-	(II) AFTER THE INTERAGENCY COMMISSION HAS ESTABL ISHED
489		-	THE INTEGRATED MASTER FACILITY ASSET LIBRARY, AND ON OR AFTER MAY 1,
490		-	2026, THE INTERAGENCY COMMISSION SHALL ADOP T REGULATIONS ESTABL ISHING
491		-	THE USE OF THE FACIL ITY ASSESSMENT RESUL TS IN ANNUAL SCHOOL
492		-	CONSTRUC TION FUNDING DECISIO NS BEGINNING NOT SOO NER THAN FISCAL YEAR
493		-	2027.
	448	+	11. SAFETY EQUIPMENT IN E ACH LABORATORY SPACE ; 8
	449	+	AND 9
494	450
495		-	(2) [During the consideration process under paragraph (1)(i) of this
496		-	subsection, the Interagency Commission and the Workgroup shall:
	451	+	12. THE FUNCTIONALITY OF : 10
497	452
498		-	~~(i) Evaluate each school’s facilities using the replacement value of~~ a
499		-	~~modern system~~; ~~and~~
	453	+	A. HEATING, VENTILATION, AND AIR–CONDITIONING 11
	454	+	BUILDING SYSTEMS ; 12
500	455
501		-	(ii) Prioritize building systems that are furthest beyond the useful
502		-	life of the system] BEFORE THE INTEGRATED MASTER FACILITY ASSET LIBRARY IS
503		-	ESTABLISHED, THE INTERAGENCY COMMISSION MAY USE FA CILITY ASSESSMEN T
504		-	DATA TO:
	456	+	B. LIFE SAFETY BUILDING SYSTEMS; 13
505	457
506		-	(I) PROVIDE CONTEXT TO PR OGRAMS THE INTERAGENCY
507		-	COMMISSION ADMINISTER S;
	458	+	C. ROOFS; AND 14
508	459
509		-	(II) WORK WITH LOCAL EDUCA TION AGENCIES;
	460	+	D. ANY ADDITIONAL CRITIC AL BUILDING SYSTEMS 15
	461	+	IDENTIFIED BY THE INTERAGENCY COMMISSION. 16
510	462
511		-	(III) FULFILL LEGISLATIVE R EQUESTS;
	463	+	(III) DURING AN INSPECTION , IF AN ITEM UNDER 17
	464	+	SUBPARAGRAPH (II)1 THROUGH 6 OF THIS PARAGRAPH RI SES TO SUCH A SEVERE 18
	465	+	LEVEL THAT REQUIRES THE SCHOOL TO BE CLO SED, THE LOCAL EDUCATION 19
	466	+	AGENCY SHALL SUBMIT A PLAN TO THE INTERAGENCY COMMISSION ON HOW TO 20
	467	+	ADDRESS THE ISSUE AN D THE INTERAGENCY COMMISSION SHALL WORK TO 21
	468	+	PRIORITIZE FUNDING T O ADDRESS THE ISSUE . 22
512	469
513		-	(IV) COMPLETE ANY INTERAGENCY COMMISSION ANALYSIS O R
514		-	REPORT; AND
	470	+	(3) The Interagency Commission shall report to the Governor and the 23
	471	+	General Assembly, on or before October 1 of each year, in accordance with § 2–1257 of the 24
	472	+	State Government Article, on the results of the survey for the prior fiscal year. 25
515	473
516		-	(V) ASSIST WITH ANY EXTERNAL RE PORTS. Ch. 32 2022 LAWS OF MARYLAND
	474	+	(f) (1) Following the completion of the initial statewide facilities assessment, 26
	475	+	the Interagency Commission shall develop standards and procedures to comprehensively 27
	476	+	update the facilities assessment such that facility assessment data is not older than 4 years. 28
517	477
518		-	~~– 12 –~~
	478	+	(2) Local education agencies shall: 29 HOUSE BILL 1290 11
519	479
520		-	[(3) Based on the recommendations of the Workgroup on the Assessment
521		-	and Funding of School Facilities, and not before May 1, 2022, for use in funding decisions
522		-	beginning no sooner than fiscal year 2023, the Interagency Commission shall adopt
523		-	regulations establishing the use of the facility assessment results in annual school
524		-	construction funding decisions.]
525	480
526		-	5–315.
527	481
528		-	(a) ~~In this section, “Fund” means~~ the ~~[Local Share of School Construction Costs~~
529		-	~~Revolving Loan]~~ ~~SCHOOL CONSTRUCTION REVOLVING LOAN Fund.~~
	482	+	(i) Cooperate with the Interagency Commission to update the 1
	483	+	facility assessment; and 2
530	484
531		-	(b) There is a [Local Share of School Construction Costs Revolving Loan]
532		-	SCHOOL CONSTRUCTION REVOLVING LOAN Fund.
	485	+	(ii) Contribute data as requested to update the assessment. 3
533	486
534		-	(c) The ~~purpose of~~ the ~~Fund is to provide loans to local governments to forward~~
535		-	~~fund~~ the ~~STATE OR local share of school construction costs for local education agencies that~~
536		-	~~rely on the STATE OR local share to be fully funded in order to complete a project~~.
	487	+	(3) (i) The Interagency Commission shall enter the facility assessment 4
	488	+	data into an integrated data system, which shall be known as the Integrated Master 5
	489	+	Facility Asset Library. 6
537	490
538		-	(d) The Interagency Commission shall administer the Fund.
	491	+	(ii) The Interagency Commission shall manage the Integrated 7
	492	+	Master Facility Asset Library and shall provide access to the Library for all local education 8
	493	+	agencies using a cloud–based system. 9
539	494
540		-	(~~e) (1~~) The ~~Fund is a special,~~ ~~nonlapsing fund that is not subject to § 7–302 of~~
541		-	~~the State Finance and Procurement Article that shall be available in perpetuity for the~~
542		-	~~purpose of providing loans in accordance with the provisions of this section~~.
	495	+	(4) THE INTEGRATED MASTER FACILITY ASSET LIBRARY SHALL 10
	496	+	INCLUDE PREVENTIV E MAINTENANCE SCHEDU LES ACCESSIBLE TO EA CH LOCAL 11
	497	+	EDUCATION AGENCY . 12
543	498
544		-	(2) The State Treasurer shall hold the Fu nd separately, and the
545		-	Comptroller shall account for the Fund.
	499	+	(g) (1) (I) [After completion of the initial facility assessment] EXCEPT AS 13
	500	+	PROVIDED IN PARAGRAP H (2) OF THIS SUBSECTION , the Interagency Commission 14
	501	+	[shall share the data results with the Workgroup on the Assessment and Funding of School 15
	502	+	Facilities and, with the Workgroup, shall consider: 16
546	503
547		-	(f) The Fund consists of:
	504	+	(i) How the relative condition of public school facilities within the 17
	505	+	educational facilities sufficiency standards and the facility condition index should be 18
	506	+	prioritized, taking into account local priorities and in consultation with local jurisdictions; 19
	507	+	and 20
548	508
549		-	(1) Money appropriated in the State budget to the Fund;
	509	+	(ii) If determined to be appropriate, use of the assessment results in 21
	510	+	funding decisions] MAY NOT USE ANY FACI LITY ASSESSMENT DATA UNTIL THE 22
	511	+	INTERAGENCY COMMISSION ESTABLISHE S THE INTEGRATED MASTER FACILITY 23
	512	+	ASSET LIBRARY. 24
550	513
551		-	(2) Any interest earnings of the Fund;
	514	+	(II) AFTER THE INTERAGENCY COMMISSION HAS ESTABL ISHED 25
	515	+	THE INTEGRATED MASTER FACILITY ASSET LIBRARY, AND ON OR AFTER MAY 1, 26
	516	+	2026, THE INTERAGENCY COMMISSION SHALL ADOP T REGULATIONS ESTABL ISHING 27
	517	+	THE USE OF THE FACIL ITY ASSESSMENT RESUL TS IN ANNUAL SCHOOL 28
	518	+	CONSTRUC TION FUNDING DECISIO NS BEGINNING NOT SOO NER THAN FISCAL YEAR 29
	519	+	2027. 30
552	520
553		-	(3) ~~Repayments~~ of ~~principal and interest from loans made from the Fund;~~
554		-	and
	521	+	(2) [During the consideration process under paragraph (1)(i) of this 31
	522	+	subsection, the Interagency Commission and the Workgroup shall: 32
555	523
556		-	(4) ~~Any other money from any other source accepted for~~ the ~~benefit~~ of ~~the~~
557		-	~~Fund.~~
	524	+	(i) Evaluate each school’s facilities using the replacement value of a 33
	525	+	modern system; and 34 12 HOUSE BILL 1290
558	526
559		-	(g) The Fund may be used only to provide low– or no–interest loans to local
560		-	governments.
561	527
562		-	(h) (1) The State Treasurer shall invest the money of the Fund in the same
563		-	manner as other State money may be invested. LAWRENCE J. HOGAN, JR., Governor Ch. 32
564	528
565		-	– 13 –
	529	+	(ii) Prioritize building systems that are furthest beyond the useful 1
	530	+	life of the system] BEFORE THE INTEGRATED MASTER FACILITY ASSET LIBRARY IS 2
	531	+	ESTABLISHED, THE INTERAGENCY COMMISSION MAY USE FA CILITY ASSESSMEN T 3
	532	+	DATA TO: 4
566	533
567		-	(2) Any interest earnings of the Fund shall be credited to the Fund.
	534	+	(I) PROVIDE CONTEXT TO PR OGRAMS THE INTERAGENCY 5
	535	+	COMMISSION ADMINISTER S; 6
568	536
569		-	(i) Money expended from the Fund is supplemental to and is not intended to take
570		-	the place of funding that otherwise would be appropriated to local governments for school
571		-	construction.
	537	+	(II) WORK WITH LOCAL EDUCA TION AGENCIES; 7
572	538
573		-	(j) (1) Subject to paragraph (2) of this subsection, the Interagency
574		-	Commission shall establish application procedures and eligibility criteria for loans from the
575		-	Fund.
	539	+	(III) FULFILL LEGISLATIVE R EQUESTS; 8
576	540
577		-	(2) ~~The eligibility criteria shall include that a local [government is]~~
578		-	~~SCHOOL SYSTEM :~~
	541	+	(IV) COMPLETE ANY INTERAGENCY COMMISSION ANALYSIS O R 9
	542	+	REPORT; AND 10
579	543
580		-	(i) [In] IS IN need of a loan to forward fund the STATE OR local
581		-	share of school construction costs in order to complete a project; [and]
	544	+	(V) ASSIST WITH ANY EXTERNAL RE PORTS. 11
582	545
583		-	(ii) [Able] IS ABLE to demonstrate the ability to repay the loan if
584		-	required at a later date; AND
	546	+	[(3) Based on the recommendations of the Workgroup on the Assessment 12
	547	+	and Funding of School Facilities, and not before May 1, 2022, for use in funding decisions 13
	548	+	beginning no sooner than fiscal year 2023, the Interagency Commission shall adopt 14
	549	+	regulations establishing the use of the facility assessment results in annual school 15
	550	+	construction funding decisions.] 16
585	551
586		-	(III) HAS RECEIVED PLANNING APPROVAL FOR THE PRO JECT
587		-	FROM THE INTERAGENCY COMMISSION.
	552	+	5–315. 17
588	553
589		-	(3) THE ~~INTERAGENCY COMMISSION SHALL GIVE PRIORITY IN~~
590		-	~~AWARDING LOANS FROM THE~~ FUND ~~TO COUNTIES THAT HAVE :~~
	554	+	(a) In this section, “Fund” means the [Local Share of School Construction Costs 18
	555	+	Revolving Loan] SCHOOL CONSTRUCTION REVOLVING LOAN Fund. 19
591	556
592		-	(I) NOT ADVANCED CONSTRUC TION FUNDING FOR PRO JECTS
593		-	IN THE PUBLIC SCHOOL CONSTRUCTION PROGRAM THAT THE INTERAGENCY
594		-	COMMISSION HAS APPROV ED FOR PLANNING ; AND
	557	+	(b) There is a [Local Share of School Construction Costs Revolving Loan] 20
	558	+	SCHOOL CONSTRUCTION REVOLVING LOAN Fund. 21
595	559
596		-	(II) LIMITED DEBT CAPACITY .
	560	+	(c) The purpose of the Fund is to provide loans to local governments to forward 22
	561	+	fund the STATE OR local share of school construction costs for local education agencies that 23
	562	+	rely on the STATE OR local share to be fully funded in order to complete a project. 24
597	563
598		-	(K) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A
599		-	COUNTY SHALL REPAY A LOAN FROM THE FUND NOT LESS THAN 5 YEARS AFTER
600		-	RECEIVING THE LOAN F ROM THE FUND.
	564	+	(d) The Interagency Commission shall administer the Fund. 25
601	565
602		-	(2) THE ~~INTERAGENCY COMMISSION MAY ESTABL ISH~~ A ~~PROCEDURE~~
603		-	FOR ~~A WAIVER FROM TH E REQUIREMENT UNDER PARAGRAPH (1) OF THIS~~
604		-	~~SUBSECTION~~.
	566	+	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 26
	567	+	the State Finance and Procurement Article that shall be available in perpetuity for the 27
	568	+	purpose of providing loans in accordance with the provisions of this section. 28
605	569
606		-	(L) (1) IN FISCAL YEAR 2023, THE GOVERNOR SHALL INCLUD E IN THE
607		-	ANNUAL BUDGET BILL A N APPROPRIATION OF A T LEAST $50,000,000 $40,000,000
608		-	TO THE FUND.
609		-	Ch. 32 2022 LAWS OF MARYLAND
	570	+	(2) The State Treasurer shall hold the Fu nd separately, and the 29
	571	+	Comptroller shall account for the Fund. 30
	572	+	HOUSE BILL 1290 13
610	573
611		-	– 14 –
612		-	(2) IN FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE
613		-	ANNUAL BUDGET BILL A N APPROPRIATION OF AT LEAST $20,000,000 TO THE FUND.
614	574
615		-	(3) IN EACH OF FISCAL YEA RS 2025 AND 2026, THE GOVERNOR SHALL
616		-	INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF AT LEA ST
617		-	$10,000,000 TO THE FUND.
	575	+	(f) The Fund consists of: 1
618	576
619		-	~~5–317.~~
	577	+	(1) Money appropriated in the State budget to the Fund; 2
620	578
621		-	(a) ~~In this section,~~ ~~“Program” means~~ the ~~School Safety Grant Program.~~
	579	+	(2) Any interest earnings of the Fund; 3
622	580
623		-	(b) (1) There is a School Safety Grant Program.
	581	+	(3) Repayments of principal and interest from loans made from the Fund; 4
	582	+	and 5
624	583
625		-	(2) The ~~purpose~~ of the ~~Program is to provide grants to county boards for~~
626		-	~~school security improvements, including:~~
	584	+	(4) Any other money from any other source accepted for the benefit of the 6
	585	+	Fund. 7
627	586
628		-	(i) ~~Secure and lockable classroom doors for each classroom in~~ the
629		-	~~school;~~
	587	+	(g) The Fund may be used only to provide low– or no–interest loans to local 8
	588	+	governments. 9
630	589
631		-	(ii) An area of safe refuge in each classroom in the school; and
	590	+	(h) (1) The State Treasurer shall invest the money of the Fund in the same 10
	591	+	manner as other State money may be invested. 11
632	592
633		-	(iii) Surveillance and other security technology for school monitoring
634		-	purposes.
	593	+	(2) Any interest earnings of the Fund shall be credited to the Fund. 12
635	594
636		-	(c) The Program shall be implemented and administered by the Interagency
637		-	Commission, in consultation with the Maryland Center for School Safety.
	595	+	(i) Money expended from the Fund is supplemental to and is not intended to take 13
	596	+	the place of funding that otherwise would be appropriated to local governments for school 14
	597	+	construction. 15
638	598
639		-	(d) The Interagency Commission shall:
	599	+	(j) (1) Subject to paragraph (2) of this subsection, the Interagency 16
	600	+	Commission shall establish application procedures and eligibility criteria for loans from the 17
	601	+	Fund. 18
640	602
641		-	(1) ~~Provide grants to county boards for public school security~~
642		-	~~improvements;~~
	603	+	(2) The eligibility criteria shall include that a local [government is] 19
	604	+	SCHOOL SYSTEM : 20
643	605
644		-	(2) ~~Develop~~ a ~~procedure for a county board~~ to ~~apply for a grant under~~ the
645		-	~~Program~~; and
	606	+	(i) [In] IS IN need of a loan to forward fund the STATE OR local 21
	607	+	share of school construction costs in order to complete a project; [and] 22
646	608
647		-	(3) ~~Develop eligibility requirements for a county board~~ to ~~receive a grant~~
648		-	~~under the Program.~~
	609	+	(ii) [Able] IS ABLE to demonstrate the ability to repay the loan if 23
	610	+	required at a later date; AND 24
649	611
650		-	(e) In addition to the annual amount otherwise provided in the capital
651		-	improvement program of the Public School Construction Program, the Governor shall
652		-	provide an additional $10,000,000 in the annual operating or capital budget bill that may
653		-	be used only to award grants under the Program.
	612	+	(III) HAS RECEIVED PLANNING APPROVAL FOR THE PRO JECT 25
	613	+	FROM THE INTERAGENCY COMMISSION. 26
654	614
655		-	(f) The State funding provided under the Program is supplemental to and is not
656		-	intended to take the place of funding that would otherwise be appropriated for public school
657		-	construction purposes to a county board from any other source. LAWRENCE J. HOGAN, JR., Governor Ch. 32
	615	+	(3) THE INTERAGENCY COMMISSION SHALL GIVE PRIORITY IN 27
	616	+	AWARDING LOANS FROM THE FUND TO COUNTIES THAT HAV E: 28
658	617
659		-	– 15 –
	618	+	(I) NOT ADVANCED CONSTRUC TION FUNDING FOR PRO JECTS 29
	619	+	IN THE PUBLIC SCHOOL CONSTRUCTION PROGRAM THAT THE INTERAGENCY 30
	620	+	COMMISSION HAS APPROV ED FOR PLANNING ; AND 31 14 HOUSE BILL 1290
660	621
661		-	(g) The Interagency Commission shall adopt regulations necessary to implement
662		-	this section.
663	622
664		-	5–322.
665	623
666		-	(a) ~~In this section,~~ ~~“Fund” means the Healthy School Facility Fund~~.
	624	+	(II) LIMITED DEBT CAPACITY . 1
667	625
668		-	(b) There is a Healthy School Facility Fund.
	626	+	(K) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION , A 2
	627	+	COUNTY SHALL REPAY A LOAN FROM THE FUND NOT LESS THAN 5 YEARS AFTER 3
	628	+	RECEIVING THE LOAN F ROM THE FUND. 4
669	629
670		-	(j) (1) (i) In each of fiscal years 2020 through 2022, the Governor shall
671		-	appropriate at least $30,000,000 to the Fund.
	630	+	(2) THE INTERAGENCY COMMISSION MAY ESTABL ISH A PROCEDURE 5
	631	+	FOR A WAIVER FROM TH E REQUIREMENT UNDER PARAGRAPH (1) OF THIS 6
	632	+	SUBSECTION. 7
672	633
673		-	(ii) In each of fiscal years FISCAL YEAR 2023 [and 2024] THROUGH
674		-	2026, the Governor shall appropriate at least $40,000,000 to the Fund.
	634	+	(L) (1) IN FISCAL YEAR 2023, THE GOVERNOR SHALL INCLUD E IN THE 8
	635	+	ANNUAL BUDGET BILL A N APPROPRIATION OF A T LEAST $50,000,000 $40,000,000 9
	636	+	TO THE FUND. 10
675	637
676		-	(~~III~~) IN ~~EACH OF~~ FISCAL ~~YEA RS~~ 2024 ~~THROUGH 2026~~, THE
677		-	~~GOVERNOR SHALL APPROP RIATE~~ AT LEAST $90,000,000 TO THE FUND.
	638	+	(2) IN FISCAL YEAR 2024, THE GOVERNOR SHALL INCLUD E IN THE 11
	639	+	ANNUAL BUDGET BILL A N APPROPRIATION OF AT LEAST $20,000,000 TO THE FUND. 12
678	640
679		-	(~~iii~~) ~~(IV) For~~ each of fiscal ~~years 2021 through [2024]~~ 2026, ~~50% of~~
680		-	the ~~funds appropriated under subparagraphs (i) and (ii)~~ of ~~this paragraph shall be awarded~~
681		-	to ~~public schools in Baltimore City~~.
	641	+	(3) IN EACH OF FISCAL YEA RS 2025 AND 2026, THE GOVERNOR SHALL 13
	642	+	INCLUDE IN THE ANNUA L BUDGET BILL AN APP ROPRIATION OF AT LEA ST 14
	643	+	$10,000,000 TO THE FUND. 15
682	644
683		-	5–~~324~~.
	645	+	5–317. 16
684	646
685		-	(a) ~~Repealed~~.
	647	+	(a) In this section, “Program” means the School Safety Grant Program. 17
686	648
687		-	(b) ~~Repealed~~.
	649	+	(b) (1) There is a School Safety Grant Program. 18
688	650
689		-	(c) Repealed.
	651	+	(2) The purpose of the Program is to provide grants to county boards for 19
	652	+	school security improvements, including: 20
690	653
691		-	(d) Repealed.
	654	+	(i) Secure and lockable classroom doors for each classroom in the 21
	655	+	school; 22
692	656
693		-	(e) ~~Repealed.~~
	657	+	(ii) An area of safe refuge in each classroom in the school; and 23
694	658
695		-	(f) (1) In fiscal year 2006 and in each fiscal year thereafter, the State shall
696		-	distribute grants from an appropriation in the State budget or general obligation bonds to
697		-	county boards under the Aging Schools Program administered by the Interagency
698		-	Commission on School Construction in amounts equal to the funding level calculated under
699		-	paragraph (2) of this subsection.
	659	+	(iii) Surveillance and other security technology for school monitoring 24
	660	+	purposes. 25
700	661
701		-	(2) ~~In fiscal year 2013~~ and ~~in each fiscal year thereafter,~~ the ~~funding level~~
702		-	~~for a county is~~ the ~~following amounts~~ for ~~the following counties:~~
	662	+	(c) The Program shall be implemented and administered by the Interagency 26
	663	+	Commission, in consultation with the Maryland Center for School Safety. 27
703	664
704		-	(i) ~~Allegany County...................................................... $97,791;~~
705		-	~~Ch. 32~~ ~~2022 LAWS OF MARYLAND~~
	665	+	(d) The Interagency Commission shall: 28
	666	+	HOUSE BILL 1290 15
706	667
707		-	– 16 –
708		-	(ii) Anne Arundel County ........................................... $506,038;
709	668
710		-	(iii) Baltimore City.................................................... $1,387,924;
	669	+	(1) Provide grants to county boards for public school security 1
	670	+	improvements; 2
711	671
712		-	(iv) Baltimore County.................................................. $874,227;
	672	+	(2) Develop a procedure for a county board to apply for a grant under the 3
	673	+	Program; and 4
713	674
714		-	(v) Calvert County........................................................ $38,292;
	675	+	(3) Develop eligibility requirements for a county board to receive a grant 5
	676	+	under the Program. 6
715	677
716		-	(vi) Caroline County ...................................................... $50,074;
	678	+	(e) In addition to the annual amount otherwise provided in the capital 7
	679	+	improvement program of the Public School Construction Program, the Governor shall 8
	680	+	provide an additional $10,000,000 in the annual operating or capital budget bill that may 9
	681	+	be used only to award grants under the Program. 10
717	682
718		-	(vii) Carroll County ...................................................... $137,261;
	683	+	(f) The State funding provided under the Program is supplemental to and is not 11
	684	+	intended to take the place of funding that would otherwise be appropriated for public school 12
	685	+	construction purposes to a county board from any other source. 13
719	686
720		-	(viii) Cecil County............................................................ $96,024;
	687	+	(g) The Interagency Commission shall adopt regulations necessary to implement 14
	688	+	this section. 15
721	689
722		-	~~(ix) Charles County ......................................................~~. ~~$50,074;~~
	690	+	5–322. 16
723	691
724		-	(x) ~~Dorchester County .................................................~~. ~~$38,292;~~
	692	+	(a) In this section, “Fund” means the Healthy School Facility Fund. 17
725	693
726		-	(xi) ~~Frederick County .................................................~~. ~~$182,622;~~
	694	+	(b) There is a Healthy School Facility Fund. 18
727	695
728		-	(xii) Garrett County........................................................ $38,292;
	696	+	(j) (1) (i) In each of fiscal years 2020 through 2022, the Governor shall 19
	697	+	appropriate at least $30,000,000 to the Fund. 20
729	698
730		-	(xiii) Harford County ..................................................... $217,379;
	699	+	(ii) In each of fiscal years FISCAL YEAR 2023 [and 2024] THROUGH 21
	700	+	2026, the Governor shall appropriate at least $40,000,000 to the Fund. 22
731	701
732		-	(xiv) Howard County ....................................................... $87,776;
	702	+	(III) IN EACH OF FISCAL YEA RS 2024 THROUGH 2026, THE 23
	703	+	GOVERNOR SHALL APPROP RIATE AT LEAST $90,000,000 TO THE FUND. 24
733	704
734		-	(xv) Kent County ............................................................ $38,292;
	705	+	(iii) (IV) For each of fiscal years 2021 through [2024] 2026, 50% of 25
	706	+	the funds appropriated under subparagraphs (i) and (ii) of this paragraph shall be awarded 26
	707	+	to public schools in Baltimore City. 27
735	708
736		-	~~(xvi) Montgomery County ............................................~~. ~~$602,651;~~
	709	+	5–324. 28
737	710
738		-	(~~xvii~~) ~~Prince George’s County.....................................~~. ~~$1,209,426;~~
	711	+	(a) Repealed. 29
739	712
740		-	(xviii) Queen Anne’s County ............................................. $50,074;
	713	+	(b) Repealed. 30
	714	+	16 HOUSE BILL 1290
741	715
742		-	(xix) St. Mary’s County ................................................... $50,074;
743	716
744		-	(xx) ~~Somerset County....................................................~~. ~~$38,292;~~
	717	+	(c) Repealed. 1
745	718
746		-	(~~xxi~~) ~~Talbot County.........................................................~~. ~~$38,292;~~
	719	+	(d) Repealed. 2
747	720
748		-	(~~xxii~~) ~~Washington County .............................................~~. ~~$134,904;~~
	721	+	(e) Repealed. 3
749	722
750		-	(xxiii) Wicomico County............................................ $106,627; and
	723	+	(f) (1) In fiscal year 2006 and in each fiscal year thereafter, the State shall 4
	724	+	distribute grants from an appropriation in the State budget or general obligation bonds to 5
	725	+	county boards under the Aging Schools Program administered by the Interagency 6
	726	+	Commission on School Construction in amounts equal to the funding level calculated under 7
	727	+	paragraph (2) of this subsection. 8
751	728
752		-	(~~xxiv~~) ~~Worcester County.................................................... $38~~,~~292.~~
753		-	~~LAWRENCE J. HOGAN, JR., Governor Ch. 32~~
	729	+	(2) In fiscal year 2013 and in each fiscal year thereafter, the funding level 9
	730	+	for a county is the following amounts for the following counties: 10
754	731
755		-	– 17 –
756		-	5–326.
	732	+	(i) Allegany County...................................................... $97,791; 11
757	733
758		-	(a) In this section, “Fund” means the NANCY K. KOPP Public School Facilities
759		-	Priority Fund.
	734	+	(ii) Anne Arundel County ........................................... $506,038; 12
760	735
761		-	(b) ~~There is a NANCY K~~. ~~KOPP Public School Facilities Priority Fund.~~
	736	+	(iii) Baltimore City.................................................... $1,387,924; 13
762	737
763		-	(i) [(1) In fiscal years 2025 and 2026, the Governor shall appropriate in the
764		-	annual State operating or capital budget bill at least $40,000,000 to the Fund.
	738	+	(iv) Baltimore County.................................................. $874,227; 14
765	739
766		-	(2)] In fiscal year 2027 and each fiscal year thereafter, the Governor shall
767		-	appropriate in the annual State operating or capital budget bill at least $80,000,000 to the
768		-	Fund.
	740	+	(v) Calvert County........................................................ $38,292; 15
769	741
770		-	~~5–327~~.
	742	+	(vi) Caroline County ...................................................... $50,074; 16
771	743
772		-	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS
773		-	INDICATED.
	744	+	(vii) Carroll County ...................................................... $137,261; 17
774	745
775		-	(2) “BASELINE TOTAL COST O F OWNERSHIP ” MEANS THE TYPICAL
776		-	TOTAL COST OF OWNERS HIP OF A NEW SCHOOL BUILDING OR A SCHOOL FACILITY
777		-	RENEWAL, AS CALCULATED BY THE INTERAGENCY COMMISSION.
	746	+	(viii) Cecil County............................................................ $96,024; 18
778	747
779		-	(3) “ESTIMATED TOTAL COST OF OWNERSHIP ” MEANS THE TOTAL
780		-	COST OF OWNERSHIP OF A NEW SCHOOL BUILDIN G OR A SCHOOL FACILI TY RENEWAL
781		-	AND THE CONCOMITANT ANALYSIS AS ESTIMATE D BY A LOCAL EDUCATI ON AGENCY
782		-	BEFORE THE CONSTRUCT ION OF A NEW SCHOOL BUILDING OR A SCHOOL FACILITY
783		-	RENEWAL BEGINS .
	748	+	(ix) Charles County ....................................................... $50,074; 19
784	749
785		-	(4) (I) “PROJECTED ACTUAL TOTA L COST OF OWNERSHIP AS
786		-	CONSTRUCTED ” MEANS THE TOTAL COST OF OWNERSHIP OF A NE W SCHOOL
787		-	BUILDING OR A SCHOOL FACILITY RENEWAL AND THE CONCOMITANT ANAL YSIS AS
788		-	CALCULATED BY A LOCA L EDUCATION AGENCY A FTER THE CONSTRUCTIO N OF THE
789		-	NEW SCHOOL BUILDING OR THE SCHOOL FACILI TY RENEWAL IS COMPLE TE.
	750	+	(x) Dorchester County .................................................. $38,292; 20
790	751
791		-	(II) “PROJECTED ACTUAL TOTAL COST OF OWNERSHIP AS
792		-	CONSTRUCTED ” INCLUDES THE SUM OF :
	752	+	(xi) Frederick County .................................................. $182,622; 21
793	753
794		-	1. THE ACTUAL COSTS OF C ONSTRUCTION AND
795		-	OPERATION OF THE NEW SCHOOL BUILDING OR T HE SCHOOL FACILITY R ENEWAL AS
796		-	OF THE DATE OF THE C ALCULATION; AND
	754	+	(xii) Garrett County........................................................ $38,292; 22
797	755
798		-	2. AN ESTIMATION OF FUTU RE COSTS.
799		-	Ch. 32 2022 LAWS OF MARYLAND
	756	+	(xiii) Harford County ..................................................... $217,379; 23
800	757
801		-	– 18 –
802		-	(5) “SCHOOL FACILITY RENEW AL” MEANS A CAPITAL IMPR OVEMENT
803		-	PROJECT FOR AN EXIST ING SCHOOL THAT , ON COMPLETION :
	758	+	(xiv) Howard County ....................................................... $87,776; 24
804	759
805		-	(I) WILL REDUCE THE SCHOO L’S FACILITY CONDITION INDEX,
806		-	AS DEFINED IN § 5–310 OF THIS SUBTITLE, TO 0.15 OR LOWER; AND
	760	+	(xv) Kent County ............................................................ $38,292; 25
807	761
808		-	(II) ~~RESULTS IN A LIKE–NEW OPERATIONAL COND ITION FOR~~
809		-	~~THE SCHOOL.~~
	762	+	(xvi) Montgomery County ............................................. $602,651; 26
	763	+	HOUSE BILL 1290 17
810	764
811		-	(6) “STATE SHARE PERCENTAG E” MEANS THE PERCENTAGE OF
812		-	ELIGIBLE COSTS , AS DEFINED IN REGULA TIONS ADOPTED IN ACC ORDANCE WITH §
813		-	5–303 OF THIS SUBTITLE, FOR THE CONSTRUCTION OF A NEW SCHOOL BUIL DING OR
814		-	A SCHOOL FACILITY RENEWAL PAID FOR BY THE STATE.
815	765
816		-	(B) IF A PROJECT FOR THE CONSTRUCTION OF A NE W SCHOOL BUILDING OR
817		-	A SCHOOL FACILITY RE NEWAL HAS AN ESTIMAT ED TOTAL COST OF OWN ERSHIP THAT
818		-	IS AT LEAST 15% LESS THAN THE BASELI NE TOTAL COST OF OWN ERSHIP, THE
819		-	COUNTY SHALL RECEIVE A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE
820		-	SHARE PERCENTAGE FOR THAT PROJECT .
	766	+	(xvii) Prince George’s County...................................... $1,209,426; 1
821	767
822		-	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF A PROJECT
823		-	HAS A PROJECTED ACTU AL TOTAL COST OF OWN ERSHIP AS CONSTRUCTE D THAT IS
824		-	NOT AT LEAST 15% LESS THAN THE BASELINE TO TAL COST OF OWNERSHI P, THE
825		-	COUNTY THAT RECEIVED A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE
826		-	SHARE PERCENTAGE FOR THAT PROJECT SHALL R EPAY THAT AMOUNT TO THE
827		-	INTERAGENCY COMMISSION.
	768	+	(xviii) Queen Anne’s County ............................................. $50,074; 2
828	769
829		-	(2) THE INTERAGENCY COMMISSION SHALL ESTA BLISH A PROCESS
830		-	FOR A COUNTY TO REPA Y THE INTERAGENCY COMMISSION THE AMOUNT OF THE 5%
831		-	INCREASE IN THE STATE SHARE PERCENTAG E OF A PROJECT THAT MET THE
832		-	REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION , IF APPROXIMATELY 12
833		-	TO 17 MONTHS AFTER THE DAT E ON WHICH CONSTRUCT ION IS COMPLETE AND THE
834		-	LOCAL EDUCATION AGEN CY BEGINS USING THE BUILDING OR RENEWAL FOR ITS
835		-	INTENDED PURPOSE , THE PROJECTED ACTUAL TOTAL COST OF OWNERS HIP AS
836		-	CONSTRUCTED IS NOT A T LEAST 15% LESS THAN THE BAS ELINE TOTAL COST OF
837		-	OWNERSHIP.
	770	+	(xix) St. Mary’s County ................................................... $50,074; 3
838	771
839		-	(D) THE INTERAGENCY COMMISSION, IN COORDINATION WITH THE
840		-	DEPARTMENT , SHALL DEVELOP LIFE C YCLE COST ANALYSIS S TANDARDS.
	772	+	(xx) Somerset County..................................................... $38,292; 4
841	773
842		-	(E) THE INTERAGENCY COMMISSION SHALL ADOP T REGULATIONS TO
843		-	CARRY OUT THIS SECTI ON.
844		-	LAWRENCE J. HOGAN, JR., Governor Ch. 32
	774	+	(xxi) Talbot County.......................................................... $38,292; 5
845	775
846		-	– 19 –
847		-	Article – Economic Development
	776	+	(xxii) Washington County .............................................. $134,904; 6
848	777
849		-	~~10–645~~.
	778	+	(xxiii) Wicomico County............................................ $106,627; and 7
850	779
851		-	(g) (2) The money deposited into the Baltimore City Public School
852		-	Construction Financing Fund in accordance with this subsection shall be at least:
	780	+	(xxiv) Worcester County.................................................... $38,292. 8
853	781
854		-	~~(i) $4,000,000 by November 1, 2014;~~
	782	+	5–326. 9
855	783
856		-	(ii) an additional $4,000,000 by May 1, 2015;
	784	+	(a) In this section, “Fund” means the NANCY K. KOPP Public School Facilities 10
	785	+	Priority Fund. 11
857	786
858		-	(~~iii~~) ~~an additional $4,000,000 by November 1,~~ ~~2015;~~
	787	+	(b) There is a NANCY K. KOPP Public School Facilities Priority Fund. 12
859	788
860		-	(iv) an additional $4,000,000 by May 1, 2016; and
	789	+	(i) [(1) In fiscal years 2025 and 2026, the Governor shall appropriate in the 13
	790	+	annual State operating or capital budget bill at least $40,000,000 to the Fund. 14
861	791
862		-	(v) until the bonds are no longer outstanding and unpaid:
	792	+	(2)] In fiscal year 2027 and each fiscal year thereafter, the Governor shall 15
	793	+	appropriate in the annual State operating or capital budget bill at least $80,000,000 to the 16
	794	+	Fund. 17
863	795
864		-	1. an additional [$5,000,000] $10,000,000 by each November
865		-	1; and
	796	+	5–327. 18
866	797
867		-	2. an additional [$5,000,000] $10,000,000 by each May 1.
	798	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
	799	+	INDICATED. 20
868	800
869		-	(h) (2) Beginning on July 1, 2015, and continuing until the bonds that have
870		-	been issued to finance improvements to Baltimore City public school facilities are no longer
871		-	outstanding and unpaid, in addition to the amount withheld under paragraph (1) of this
872		-	subsection, the State Comptroller shall withhold from any installment due the Baltimore
873		-	City Board of School Commissioners from the General State School Fund and deposit into
874		-	the Baltimore City Public School Construction Financing Fund the following amounts, to
875		-	be paid in equal bi–monthly payments:
	801	+	(2) “BASELINE TOTAL COST O F OWNERSHIP ” MEANS THE TYPICAL 21
	802	+	TOTAL COST OF OWNERS HIP OF A NEW SCHOOL BUILDING OR A SCHOOL FACILITY 22
	803	+	RENEWAL, AS CALCULATED BY THE INTERAGENCY COMMISSION. 23
876	804
877		-	(i) $10,000,000 for fiscal year 2016; and
	805	+	(3) “ESTIMATED TOTAL COST OF OWNERSHIP ” MEANS THE TOTAL 24
	806	+	COST OF OWNERSHIP OF A NEW SCHOOL BUILDIN G OR A SCHOOL FACILI TY RENEWAL 25
	807	+	AND THE CONCOMITANT ANALYSIS AS ESTIMATE D BY A LOCAL EDUCATI ON AGENCY 26
	808	+	BEFORE THE CONSTRUCT ION OF A NEW SCHOOL BUILDING OR A SCHOOL FACILITY 27
	809	+	RENEWAL BEGINS . 28
	810	+	18 HOUSE BILL 1290
878	811
879		-	(ii) [$20,000,000] $10,000,000 for fiscal year 2017 and each fiscal
880		-	year thereafter.
881	812
882		-	10–649.
	813	+	(4) (I) “PROJECTED ACTUAL TOTA L COST OF OWNERSHIP AS 1
	814	+	CONSTRUCTED ” MEANS THE TOTAL COS T OF OWNERSHIP OF A NEW SCHOOL 2
	815	+	BUILDING OR A SCHOOL FACILITY RENEWAL AND THE CONCOMITANT ANAL YSIS AS 3
	816	+	CALCULATED BY A LOCA L EDUCATION AGENCY A FTER THE CONSTRUCTIO N OF THE 4
	817	+	NEW SCHOOL BUILDING OR THE SCHOOL FACILI TY RENEWAL IS COMPLE TE. 5
883	818
884		-	(g) (1) In accordance with § 9–1A–30 of the State Government Article, the
885		-	Comptroller shall deposit a portion of the money in the Education Trust Fund into the
886		-	Supplemental Public School Construction Financing Fund FOR THE PROGRAM TO B E
887		-	KNOWN AS THE BUILT TO LEARN PROGRAM.
	819	+	(II) “PROJECTED ACTUAL TOTAL COST OF OWNERSHIP AS 6
	820	+	CONSTRUCTED ” INCLUDES THE SUM OF : 7
888	821
889		-	(2) The funds under paragraph (1) of this subsection shall be deposited in
890		-	the following amounts:
	822	+	1. THE ACTUAL COSTS OF C ONSTRUCTION AND 8
	823	+	OPERATION OF THE NEW SCHOOL BUILDING OR T HE SCHOOL FACILITY R ENEWAL AS 9
	824	+	OF THE DATE OF THE C ALCULATION; AND 10
891	825
892		-	~~(i) in fiscal year 2022 – $30,000,000; Ch~~. ~~32 2022 LAWS~~ OF ~~MARYLAND~~
	826	+	2. AN ESTIMATION OF FUTU RE COSTS. 11
893	827
894		-	– 20 –
	828	+	(5) “SCHOOL FACILITY RENEW AL” MEANS A CAPITAL IMPR OVEMENT 12
	829	+	PROJECT FOR AN EXIST ING SCHOOL THAT , ON COMPLETION : 13
895	830
896		-	(ii) in fiscal year 2023 – $60,000,000; and
	831	+	(I) WILL REDUCE THE SCHOO L’S FACILITY CONDITION INDEX, 14
	832	+	AS DEFINED IN § 5–310 OF THIS SUBTITLE, TO 0.15 OR LOWER; AND 15
897	833
898		-	(iii) in fiscal year 2024 and each fiscal year thereafter – $125,000,000.
	834	+	(II) RESULTS IN A LIKE–NEW OPERATIONAL COND ITION FOR 16
	835	+	THE SCHOOL. 17
899	836
900		-	(3) The Comptroller shall deposit 50% of the funds under paragraph (2) of
901		-	this subsection on or before November 1 each year and the other 50% on or before May 1
902		-	each year.
	837	+	(6) “STATE SHARE PERCENTAG E” MEANS THE PERCENTAGE OF 18
	838	+	ELIGIBLE COSTS , AS DEFINED IN REGULA TIONS ADOPTED IN ACC ORDANCE WITH § 19
	839	+	5–303 OF THIS SUBTITLE, FOR THE CONSTRUCTION OF A NEW SCHOOL BUIL DING OR 20
	840	+	A SCHOOL FACILITY RENEWAL PAID FOR BY THE STATE. 21
903	841
904		-	10–650.
	842	+	(B) IF A PROJECT FOR THE CONSTRUCTION OF A NE W SCHOOL BUILDING OR 22
	843	+	A SCHOOL FACILITY RE NEWAL HAS AN ESTIMAT ED TOTAL COST OF OWN ERSHIP THAT 23
	844	+	IS AT LEAST 15% LESS THAN THE BASELI NE TOTAL COST OF OWN ERSHIP, THE 24
	845	+	COUNTY SHALL RECEIVE A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE 25
	846	+	SHARE PERCENTAGE FOR THAT PROJECT . 26
905	847
906		-	(c) (1) ~~Except as otherwise provided in paragraphs~~ (2) ~~[and (3)] THROUGH (4)~~
907		-	~~of this subsection,~~ ~~the allocation~~ of ~~bond proceeds authorized in § 10–628 of this subtitle~~
908		-	~~represents~~ the ~~State share~~ of ~~eligible public school construction or capital improvement~~
909		-	~~costs as established by regulation~~ in ~~accordance with § 5–303 of~~ the ~~Education Article,~~
910		-	~~which~~ shall ~~include architectural,~~ ~~engineering, consulting,~~ ~~and other planning costs as~~
911		-	~~eligible costs~~.
	848	+	(C) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , IF A PROJECT 27
	849	+	HAS A PROJECTED ACTU AL TOTAL COST OF OWN ERSHIP AS CONSTRUCTE D THAT IS 28
	850	+	NOT AT LEAST 15% LESS THAN THE BASELINE TO TAL COST OF OWNERSHI P, THE 29
	851	+	COUNTY THAT RECEIVED A 5% 5 PERCENTAGE POINT INCREASE IN THE STATE 30
	852	+	SHARE PERCENTAGE FOR THAT PROJECT SHALL R EPAY THAT AMOUNT TO THE 31
	853	+	INTERAGENCY COMMISSION. 32
912	854
913		-	(2) For a county that receives the minimum State share of eligible school
914		-	construction costs and has advanced construction funding for projects in the Public School
915		-	Construction Program that the Interagency Commission on School Construction has
916		-	approved for planning, the State share of eligible costs for the allocation of bond proceeds
917		-	authorized in § 10–628 of this subtitle shall include 150% of the applicable gross area
918		-	baseline in gross square foot per student for each project.
	855	+	(2) THE INTERAGENCY COMMISSION SHALL ESTA BLISH A PROCESS 33
	856	+	FOR A COUNTY TO REPA Y THE INTERAGENCY COMMISSION THE AMOUNT OF THE 5% 34 HOUSE BILL 1290 19
919	857
920		-	(3) In Baltimore City, the bond proceeds authorized under § 10–628 of this
921		-	subtitle may be used for furniture, fixtures, equipment, design, and the staff necessary to
922		-	manage the school construction projects.
923	858
924		-	(4) A COUNTY MAY USE A LOA N FROM THE SCHOOL CONSTRUCTION
925		-	REVOLVING LOAN FUND ESTABLISHED UNDE R § 5–315 OF THE EDUCATION
926		-	ARTICLE TO REPR ESENT THE STATE OR LOCAL SHARE OF ELIGIBLE PUBLIC S CHOOL
927		-	CONSTRUCTION OR CAPI TAL IMPROVEMENT COST S.
	859	+	INCREASE IN THE STATE SHARE PERCENTAG E OF A PROJECT THAT MET THE 1
	860	+	REQUIREMENTS UNDER S UBSECTION (B) OF THIS SECTION , IF APPROXIMATELY 12 2
	861	+	TO 17 MONTHS AFTER THE DAT E ON WHICH CONSTRUCT ION IS COMPLETE AND THE 3
	862	+	LOCAL EDUCATION AGEN CY BEGINS USING THE BUILDING OR RENEWAL FOR ITS 4
	863	+	INTENDED PURPOSE , THE PROJECTED ACTUAL TOTAL COST OF OWNERS HIP AS 5
	864	+	CONSTRUCTED IS NOT A T LEAST 15% LESS THAN THE BAS ELINE TOTAL COST OF 6
	865	+	OWNERSHIP. 7
928	866
929		-	Article – State Finance and Procurement
	867	+	(D) THE INTERAGENCY COMMISSION, IN COORDINATION WITH THE 8
	868	+	DEPARTMENT , SHALL DEVELOP LIFE C YCLE COST ANALYSIS S TANDARDS. 9
930	869
931		-	6–226.
	870	+	(E) THE INTERAGENCY COMMISSION SHALL ADOP T REGULATIONS TO 10
	871	+	CARRY OUT THIS SECTI ON. 11
932	872
933		-	(a) (2) (i) Notwithstanding any other provision of law, and unless
934		-	inconsistent with a federal law, grant agreement, or other federal requirement or with the
935		-	terms of a gift or settlement agreement, net interest on all State money allocated by the
936		-	State Treasurer under this section to special funds or accounts, and otherwise entitled to
937		-	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General
938		-	Fund of the State.
939		-	LAWRENCE J. HOGAN, JR., Governor Ch. 32
	873	+	Article – Economic Development 12
940	874
941		-	– 21 –
942		-	(ii) The provisions of subparagraph (i) of this paragraph do not apply
943		-	to the following funds:
	875	+	10–645. 13
944	876
945		-	~~101.~~ the ~~[Local Share of~~ School ~~Construction Costs Revolving~~
946		-	~~Loan] SCHOOL~~ CONSTRUCTION ~~REVOLVING LOAN~~ Fund;
	877	+	(g) (2) The money deposited into the Baltimore City Public School 14
	878	+	Construction Financing Fund in accordance with this subsection shall be at least: 15
947	879
948		-	125. the NANCY K. KOPP Public School Facilities Priority
949		-	Fund;
	880	+	(i) $4,000,000 by November 1, 2014; 16
950	881
951		-	~~Article – State Government~~
	882	+	(ii) an additional $4,000,000 by May 1, 2015; 17
952	883
953		-	~~9–1A–30.~~
	884	+	(iii) an additional $4,000,000 by November 1, 2015; 18
954	885
955		-	(a) ~~In this section~~, ~~“supplemental funding”~~ ~~means funding to:~~
	886	+	(iv) an additional $4,000,000 by May 1, 2016; and 19
956	887
957		-	(1) ensure access to public education that allows children in the State to
958		-	compete in the global economy of the future;
	888	+	(v) until the bonds are no longer outstanding and unpaid: 20
959	889
960		-	(2) provide funding for high–quality early education programs;
	890	+	1. an additional [$5,000,000] $10,000,000 by each November 21
	891	+	1; and 22
961	892
962		-	(3) provide opportunities for public school students to participate in career
963		-	and technical education programs that lead to an identified job skill or certificate;
	893	+	2. an additional [$5,000,000] $10,000,000 by each May 1. 23
964	894
965		-	(4) allow students to obtain college credit and degrees while in high school
966		-	at no cost to the students;
	895	+	(h) (2) Beginning on July 1, 2015, and continuing until the bonds that have 24
	896	+	been issued to finance improvements to Baltimore City public school facilities are no longer 25
	897	+	outstanding and unpaid, in addition to the amount withheld under paragraph (1) of this 26
	898	+	subsection, the State Comptroller shall withhold from any installment due the Baltimore 27
	899	+	City Board of School Commissioners from the General State School Fund and deposit into 28
	900	+	the Baltimore City Public School Construction Financing Fund the following amounts, to 29
	901	+	be paid in equal bi–monthly payments: 30
967	902
968		-	(5) ~~support the advancement~~ and ~~professionalization of educators in public~~
969		-	~~education; and~~
	903	+	(i) $10,000,000 for fiscal year 2016; and 31
	904	+	20 HOUSE BILL 1290
970	905
971		-	(6) maintain, renovate, or construct public schools.
972	906
973		-	(b) ~~There is an Education Trust Fund which is a special,~~ ~~nonlapsing fund that is~~
974		-	~~not subject to § 7–302 of the State Finance and Procurement Article~~.
	907	+	(ii) [$20,000,000] $10,000,000 for fiscal year 2017 and each fiscal 1
	908	+	year thereafter. 2
975	909
976		-	(c) (1) There shall be credited to the Education Trust Fund all proceeds
977		-	allocated to the Fund under § 9–1A–27 of this subtitle and all judgments paid to the Fund
978		-	under § 11–210 of the Education Article.
	910	+	10–649. 3
979	911
980		-	(2) Money in the Education Trust Fund shall be invested and reinvested
981		-	by the Treasurer, and interest and earnings shall accrue to the Fund.
	912	+	(g) (1) In accordance with § 9–1A–30 of the State Government Article, the 4
	913	+	Comptroller shall deposit a portion of the money in the Education Trust Fund into the 5
	914	+	Supplemental Public School Construction Financing Fund FOR THE PROGRAM TO B E 6
	915	+	KNOWN AS THE BUILT TO LEARN PROGRAM. 7
982	916
983		-	(d) ~~Money in~~ the ~~Education Trust Fund~~ shall be ~~used [to] FOR THE FOLLOWING~~
984		-	~~PURPOSES, IN~~ THE FOLLOWING ~~ORD ER OF PRIORITY~~:
	917	+	(2) The funds under paragraph (1) of this subsection shall be deposited in 8
	918	+	the following amounts: 9
985	919
986		-	(1) REQUIRED DEPOSITS UN DER § 10–649(G) OF THE ECONOMIC
987		-	DEVELOPMENT ARTICLE I NTO THE SUPPLEMENTAL PUBLIC SCHOOL Ch. 32 2022 LAWS OF MARYLAND
	920	+	(i) in fiscal year 2022 – $30,000,000; 10
988	921
989		-	– 22 –
990		-	CONSTRUCTION FINANCING FUND ESTABLISHED UNDE R § 10–658 OF THE
991		-	ECONOMIC DEVELOPMENT ARTICLE; AND
	922	+	(ii) in fiscal year 2023 – $60,000,000; and 11
992	923
993		-	(2) [provide] REQUIRED funding for public elementary and secondary
994		-	education, through continuation of the funding and formulas established under the
995		-	programs commonly known as the Bridge to Excellence in Public Schools Act, first enacted
996		-	by Chapter 288 of the Acts of the General Assembly of 2002, including the funding for
997		-	regional differences in the cost of education under § 5–202(f) of the Education Article; and
	924	+	(iii) in fiscal year 2024 and each fiscal year thereafter – $125,000,000. 12
998	925
999		-	[(2)] (3) [provide] supplemental funding for education and public schools.
	926	+	(3) The Comptroller shall deposit 50% of the funds under paragraph (2) of 13
	927	+	this subsection on or before November 1 each year and the other 50% on or before May 1 14
	928	+	each year. 15
1000	929
1001		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
1002		-	as follows:
	930	+	10–650. 16
1003	931
1004		-	Chapter 20 of the Acts of 2020
	932	+	(c) (1) Except as otherwise provided in paragraphs (2) [and (3)] THROUGH (4) 17
	933	+	of this subsection, the allocation of bond proceeds authorized in § 10–628 of this subtitle 18
	934	+	represents the State share of eligible public school construction or capital improvement 19
	935	+	costs as established by regulation in accordance with § 5–303 of the Education Article, 20
	936	+	which shall include architectural, engineering, consulting, and other planning costs as 21
	937	+	eligible costs. 22
1005	938
1006		-	[SECTION 8. AND BE IT FURTHER ENACTED, That Section(s) 5 –317 and 5–324
1007		-	of Article – Education of the Annotated Code of Maryland be repealed.]
	939	+	(2) For a county that receives the minimum State share of eligible school 23
	940	+	construction costs and has advanced construction funding for projects in the Public School 24
	941	+	Construction Program that the Interagency Commission on School Construction has 25
	942	+	approved for planning, the State share of eligible costs for the allocation of bond proceeds 26
	943	+	authorized in § 10–628 of this subtitle shall include 150% of the applicable gross area 27
	944	+	baseline in gross square foot per student for each project. 28
1008	945
1009		-	[SECTION 11. AND BE IT FURTHER ENACTED, That, contingent on the
1010		-	consolidation of funding, on or before June 30, 2026, for the Aging Schools Program and the
1011		-	School Safety Grant Program into the Public School Facilities Priority Fund established in
1012		-	Section 6 of this Act, Section 8 of this Act shall take effect July 1, 2026.]
	946	+	(3) In Baltimore City, the bond proceeds authorized under § 10–628 of this 29
	947	+	subtitle may be used for furniture, fixtures, equipment, design, and the staff necessary to 30
	948	+	manage the school construction projects. 31
1013	949
1014		-	SECTION 2. 3. AND BE IT FURTHER ENACTED, That it is the intent of the
1015		-	General Assembly that a new Workgroup on the Assessment and Funding of School
1016		-	Facilities be formed not later than July 2024 to determine how the relative condition of
1017		-	public school facilities within the educational facilities sufficiency standards and the facility
1018		-	condition index should be prioritized, taking into account local priorities and in consultation
1019		-	with local jurisdictions prior to the Public School Facilities Priority Fund being funded for
1020		-	fiscal year 2027.
	950	+	(4) A COUNTY MAY USE A LOA N FROM THE SCHOOL CONSTRUCTION 32
	951	+	REVOLVING LOAN FUND ESTABLISHED UNDE R § 5–315 OF THE EDUCATION 33 HOUSE BILL 1290 21
1021	952
1022		-	SECTION 3. 4. AND BE IT FURTHER ENACTED, That it is the intent of the
1023		-	General Assembly that:
1024	953
1025		-	(1) beginning in fiscal year 2023, within the current debt affordability
1026		-	guidelines, the State should provide at least $400,000,000 $450,000,000 each year for public
1027		-	school construction in order to maintain a relatively stable number of funded projects in
1028		-	the Capital Improvement Program; and
	954	+	ARTICLE TO REPRESENT THE STATE OR LOCAL SHARE OF ELIGIBLE PUBLIC S CHOOL 1
	955	+	CONSTRUCTION OR CAPI TAL IMPROVEMENT COST S. 2
1029	956
1030		-	(2) the annual goal established under item (1) of this section should be
1031		-	recalculated prior to the Public School Facilities Priority Fund being funded.
	957	+	Article – State Finance and Procurement 3
1032	958
1033		-	SECTION 4. 5. AND BE IT FURTHER ENACTED, That the Interagency
1034		-	Commission on School Construction shall update the State and local cost–share formula: LAWRENCE J. HOGAN, JR., Governor Ch. 32
	959	+	6–226. 4
1035	960
1036		-	– 23 –
	961	+	(a) (2) (i) Notwithstanding any other provision of law, and unless 5
	962	+	inconsistent with a federal law, grant agreement, or other federal requirement or with the 6
	963	+	terms of a gift or settlement agreement, net interest on all State money allocated by the 7
	964	+	State Treasurer under this section to special funds or accounts, and otherwise entitled to 8
	965	+	receive interest earnings, as accounted for by the Comptroller, shall accrue to the General 9
	966	+	Fund of the State. 10
1037	967
1038		-	(1) for fiscal years 2025 and 2026, to align with the changes Chapter 36 of
1039		-	the Acts of the General Assembly of 2021 made to the Foundation Program and the
1040		-	Guaranteed Tax Base Program; and
	968	+	(ii) The provisions of subparagraph (i) of this paragraph do not apply 11
	969	+	to the following funds: 12
1041	970
1042		-	(2) to apply the adjustments to the State and local cost–share formula
1043		-	required under § 5–303(k)(3) of the Education Article under Section 1 of this Act to the
1044		-	annual capital improvement program of the Public School Construction Program, healthy
1045		-	school facilities under § 5–322 of the Education Article, and supplemental public school
1046		-	construction under Title 10, Subtitle 6 of the Economic Development Article.
	971	+	101. the [Local Share of School Construction Costs Revolving 13
	972	+	Loan] SCHOOL CONSTRUCTION REVOLVING LOAN Fund; 14
1047	973
1048		-	SECTION 5. 6. AND BE IT FURTHER ENACTED, That, on or before October 1,
1049		-	2023, the Interagency Commission on School Construction shall update the baseline gross
1050		-	square footage per student for the Gross Area Baselines calculation to align with the
1051		-	standards and requirements in Chapter 36 of the Acts of the General Assembly of 2021,
1052		-	including:
	974	+	125. the NANCY K. KOPP Public School Facilities Priority 15
	975	+	Fund; 16
1053	976
1054		-	~~(1) instructional space for English–language learners;~~
	977	+	Article – State Government 17
1055	978
1056		-	(2) community schools and schools eligible for Concentration of Poverty
1057		-	grants;
	979	+	9–1A–30. 18
1058	980
1059		-	(3) collaborative planning spaces for teachers, taking into consideration
1060		-	that there will be more teachers in schools as additional collaborative time during the
1061		-	school day is phased in;
	981	+	(a) In this section, “supplemental funding” means funding to: 19
1062	982
1063		-	(4) break–out space for more one–on–one and small group instruction; and
	983	+	(1) ensure access to public education that allows children in the State to 20
	984	+	compete in the global economy of the future; 21
1064	985
1065		-	(5) ~~career and technical~~ education ~~pathways~~; ~~and~~
	986	+	(2) provide funding for high–quality early education programs; 22
1066	987
1067		-	(6) prekindergarten space.
	988	+	(3) provide opportunities for public school students to participate in career 23
	989	+	and technical education programs that lead to an identified job skill or certificate; 24
1068	990
1069		-	SECTION 6. 7. AND BE IT FURTHER ENACTED, That the Interagency
1070		-	Commission on School Construction and the Maryland Department of Health shall
1071		-	determine the minimum equipment needed in each school for food preparation, to be used
1072		-	by the Interagency Commission on School Construction for surveys of school buildings
1073		-	under § 5–310(b) of the Education Article, as enacted by Section 1 of this Act.
	991	+	(4) allow students to obtain college credit and degrees while in high school 25
	992	+	at no cost to the students; 26
1074	993
1075		-	SECTION 7. 8. AND BE IT FURTHER ENACTED, That it is the intent of the
1076		-	General Assembly for the Interagency Commission on School Construction to work with
1077		-	the Department of Legislative Services to verify survey data completed under § 5–310 of
1078		-	the Education Article, as enacted by Section 1 of this Act, through at least July 1, 2025.
	994	+	(5) support the advancement and professionalization of educators in public 27
	995	+	education; and 28
1079	996
1080		-	SECTION 9. AND BE IT FURTHER ENACTED, That, notwithstanding any other
1081		-	provision of law, the Maryland Stadium Authority shall use $10,000,000 of available funds
1082		-	held in reserve for Baltimore City from revenues deposited in the Baltimore City Public Ch. 32 2022 LAWS OF MARYLAND
	997	+	(6) maintain, renovate, or construct public schools. 29
	998	+	22 HOUSE BILL 1290
1083	999
1084		-	– 24 –
1085		-	School Construction Facilities Fund in accordance with § 10–645(g) of the Economic
1086		-	Development Article to provide the local share of Baltimore City projects for the program
1087		-	to be known as the Built to Learn Program in accordance with § 10–649(g) of the Economic
1088		-	Development Article.
1089	1000
1090		-	SECTION 10. AND BE IT FURTHER ENACTED, That the increases in the State
1091		-	share of a school construction project under § 5–303(k)(3) of the Education Article under
1092		-	Section 1 of this Act may not apply to the Capital Improvement Program for fiscal year
1093		-	2023 but shall apply prospectively to any projects any school construction project approved
1094		-	for State funding prior to the effective date of this Act and may not apply to any school
1095		-	construction project funded with proceeds from bonds issued prior to April 1, 2022, under
1096		-	the program to be known as the Built to Learn Program in accordance with § 10–649(g) of
1097		-	the Economic Development Article approved by the Interagency Commission on School
1098		-	Construction after the effective date of this Act.
	1001	+	(b) There is an Education Trust Fund which is a special, nonlapsing fund that is 1
	1002	+	not subject to § 7–302 of the State Finance and Procurement Article. 2
1099	1003
1100		-	SECTION 8. 11. AND BE IT FURTHER ENACTED, That this Act shall take effect
1101		-	July 1, 2022.
	1004	+	(c) (1) There shall be credited to the Education Trust Fund all proceeds 3
	1005	+	allocated to the Fund under § 9–1A–27 of this subtitle and all judgments paid to the Fund 4
	1006	+	under § 11–210 of the Education Article. 5
1102	1007
1103		-	Enacted under Article II, § 17(b) of the Maryland Constitution, April 9, 2022.
	1008	+	(2) Money in the Education Trust Fund shall be invested and reinvested 6
	1009	+	by the Treasurer, and interest and earnings shall accrue to the Fund. 7
	1010	+
	1011	+	(d) Money in the Education Trust Fund shall be used [to] FOR THE FOLLOWING 8
	1012	+	PURPOSES, IN THE FOLLOWING ORD ER OF PRIORITY: 9
	1013	+
	1014	+	(1) REQUIRED DEPOSITS UN DER § 10–649(G) OF THE ECONOMIC 10
	1015	+	DEVELOPMENT ARTICLE INTO THE SUPPLEMENTAL PUBLIC SCHOOL 11
	1016	+	CONSTRUCTION FINANCING FUND ESTABLISHED UNDE R § 10–658 OF THE 12
	1017	+	ECONOMIC DEVELOPMENT ARTICLE; AND 13
	1018	+
	1019	+	(2) [provide] REQUIRED funding for public elementary and secondary 14
	1020	+	education, through continuation of the funding and formulas established under the 15
	1021	+	programs commonly known as the Bridge to Excellence in Public Schools Act, first enacted 16
	1022	+	by Chapter 288 of the Acts of the General Assembly of 2002, including the funding for 17
	1023	+	regional differences in the cost of education under § 5–202(f) of the Education Article; and 18
	1024	+
	1025	+	[(2)] (3) [provide] supplemental funding for education and public schools. 19
	1026	+
	1027	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 20
	1028	+	as follows: 21
	1029	+
	1030	+	Chapter 20 of the Acts of 2020 22
	1031	+
	1032	+	[SECTION 8. AND BE IT FURTHER ENACTED, That Section(s) 5–317 and 5–324 23
	1033	+	of Article – Education of the Annotated Code of Maryland be repealed.] 24
	1034	+
	1035	+	[SECTION 11. AND BE IT FURTHER ENACTED, That, contingent on the 25
	1036	+	consolidation of funding, on or before June 30, 2026, for the Aging Schools Program and the 26
	1037	+	School Safety Grant Program into the Public School Facilities Priority Fund established in 27
	1038	+	Section 6 of this Act, Section 8 of this Act shall take effect July 1, 2026.] 28
	1039	+
	1040	+	SECTION 2. 3. AND BE IT FURTHER ENACTED, That it is the intent of the 29
	1041	+	General Assembly that a new Workgroup on the Assessment and Funding of School 30
	1042	+	Facilities be formed not later than July 2024 to determine how the relative condition of 31
	1043	+	public school facilities within the educational facilities sufficiency standards and the facility 32
	1044	+	condition index should be prioritized, taking into account local priorities and in consultation 33
	1045	+	with local jurisdictions prior to the Public School Facilities Priority Fund being funded for 34
	1046	+	fiscal year 2027. 35 HOUSE BILL 1290 23
	1047	+
	1048	+
	1049	+
	1050	+	SECTION 3. 4. AND BE IT FURTHER ENACTED, That it i s the intent of the 1
	1051	+	General Assembly that: 2
	1052	+
	1053	+	(1) beginning in fiscal year 2023, within the current debt affordability 3
	1054	+	guidelines, the State should provide at least $400,000,000 $450,000,000 each year for public 4
	1055	+	school construction in order to maintain a relatively stable number of funded projects in 5
	1056	+	the Capital Improvement Program; and 6
	1057	+
	1058	+	(2) the annual goal established under item (1) of this section should be 7
	1059	+	recalculated prior to the Public School Facilities Priority Fund being funded. 8
	1060	+
	1061	+	SECTION 4. 5. AND BE IT FURTHER ENACTED, That the Interagency 9
	1062	+	Commission on School Construction shall update the State and local cost–share formula: 10
	1063	+
	1064	+	(1) for fiscal years 2025 and 2026, to align with the changes Chapter 36 of 11
	1065	+	the Acts of the General Assembly of 2021 made to the Foundation Program and the 12
	1066	+	Guaranteed Tax Base Program; and 13
	1067	+
	1068	+	(2) to apply the adjustments to the State and local cost–share formula 14
	1069	+	required under § 5–303(k)(3) of the Education Article under Section 1 of this Act to the 15
	1070	+	annual capital improvement program of the Public School Construction Program, healthy 16
	1071	+	school facilities under § 5–322 of the Education Article, and supplemental public school 17
	1072	+	construction under Title 10, Subtitle 6 of the Economic Development Article. 18
	1073	+
	1074	+	SECTION 5. 6. AND BE IT FURTHER ENACTED, That, on or before October 1, 19
	1075	+	2023, the Interagency Commission on School Construction shall update the baseline gross 20
	1076	+	square footage per student for the Gross Area Baselines calculation to align with the 21
	1077	+	standards and requirements in Chapter 36 of the Acts of the General Assembly of 2021, 22
	1078	+	including: 23
	1079	+
	1080	+	(1) instructional space for English–language learners; 24
	1081	+
	1082	+	(2) community schools and schools eligible for Concentration of Poverty 25
	1083	+	grants; 26
	1084	+
	1085	+	(3) collaborative planning spaces for teachers, taking into consideration 27
	1086	+	that there will be more teachers in schools as additional collaborative time during the 28
	1087	+	school day is phased in; 29
	1088	+
	1089	+	(4) break–out space for more one–on–one and small group instruction; and 30
	1090	+
	1091	+	(5) career and technical education pathways; and 31
	1092	+
	1093	+	(6) prekindergarten space. 32
	1094	+	24 HOUSE BILL 1290
	1095	+
	1096	+
	1097	+	SECTION 6. 7. AND BE IT FURTHER ENACTED, That the Interagency 1
	1098	+	Commission on School Construction and the Maryland Department of Health shall 2
	1099	+	determine the minimum equipment needed in each school for food preparation, to be used 3
	1100	+	by the Interagency Commission on School Construction for surveys of school buildings 4
	1101	+	under § 5–310(b) of the Education Article, as enacted by Section 1 of this Act. 5
	1102	+
	1103	+	SECTION 7. 8. AND BE IT FURTHER ENACTED, That it is the inten t of the 6
	1104	+	General Assembly for the Interagency Commission on School Construction to work with 7
	1105	+	the Department of Legislative Services to verify survey data completed under § 5–310 of 8
	1106	+	the Education Article, as enacted by Section 1 of this Act, through at least July 1, 2025. 9
	1107	+
	1108	+	SECTION 9. AND BE IT FURTHER ENACTED, That, notwithstanding any other 10
	1109	+	provision of law, the Maryland Stadium Authority shall use $10,000,000 of available funds 11
	1110	+	held in reserve for Baltimore City from revenues deposited in the Baltimore City Public 12
	1111	+	School Construction Facilities Fund in accordance with § 10–645(g) of the Economic 13
	1112	+	Development Article to provide the local share of Baltimore City projects for the program 14
	1113	+	to be known as the Built to Learn Program in accordance with § 10–649(g) of the Economic 15
	1114	+	Development Article. 16
	1115	+
	1116	+	SECTION 10. AND BE IT FURTHER ENACTED, That the increases in the State 17
	1117	+	share of a school construction project under § 5–303(k)(3) of the Education Article under 18
	1118	+	Section 1 of this Act may not apply to the Capital Improvement Program for fiscal year 19
	1119	+	2023 but shall apply prospectively to any projects any school construction project approved 20
	1120	+	for State funding prior to the effective date of this Act and may not apply to any school 21
	1121	+	construction project funded with proceeds from bonds issued prior to April 1, 2022, under 22
	1122	+	the program to be known as the Built to Learn Program in accordance with § 10–649(g) of 23
	1123	+	the Economic Development Article approved by the Interagency Commission on School 24
	1124	+	Construction after the effective date of this Act. 25
	1125	+
	1126	+	SECTION 8. 11. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
	1127	+	July 1, 2022. 27
	1128	+
	1129	+
	1130	+
	1131	+
	1132	+	Approved:
	1133	+	________________________________________________________________________________
	1134	+	Governor.
	1135	+	________________________________________________________________________________
	1136	+	Speaker of the House of Delegates.
	1137	+	________________________________________________________________________________
	1138	+	President of the Senate.