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repealing certain provisions of law that repealed the provisions of the Aging Schools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