Maryland 2023 Regular Session

Maryland House Bill HB458 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	WES MOORE, Governor Ch. 679
2	1
3		-	– 1 –
4		-	Chapter 679
5		-	(House Bill 458)
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	+	hb0458
8	9
9		-	Public School Construction – Grant Programs, Approvals, and Administration –
10		-	Alterations
	10	+	HOUSE BILL 458
	11	+	F1 3lr1673
	12	+	CF SB 360
	13	+	By: Delegates J. Lewis, B. Barnes, and Smith
	14	+	Introduced and read first time: January 30, 2023
	15	+	Assigned to: Appropriations
	16	+	Committee Report: Favorable with amendments
	17	+	House action: Adopted
	18	+	Read second time: March 11, 2023
11	19
12		-	FOR the purpose of repealing the School Safety Grant Program and the Aging Schools
13		-	Program as of a certain date; altering provisions relating to school construction
14		-	approvals by the State Superintendent of Schools; altering provisions related to a
15		-	public–private partnership agreement in Prince George’s County; establishing the
16		-	Interagency Commission on School Construction as an independent unit of State
17		-	government; providing a removal process for members of the Interagency
18		-	Commission on School Construction; repealing the requirement for the Board of
19		-	Public Works to approve grants awarded under the Capital Grant Program for Local
20		-	School Systems With Significant Enrollment Growth or Relocatable Classrooms;
21		-	removing a requirement for a life cycles cost analysis for the Interagency
22		-	Commission; requiring a county board of education to submit a certain evaluation
23		-	under certain circumstances; requiring the Department of General Services to
24		-	develop life cycle cost analysis standards in coordination with the Interagency
25		-	Commission on School Construction and the State Department of Education; altering
26		-	payments in the Prince George’s County Public–Private Partnership Fund; altering
27		-	payments into the Supplemental Public School Construction Financing Fund;
28		-	authorizing the Governor to process a certain budget amendment; and generally
29		-	relating to public school construction grant programs, approvals, and
30		-	administration.
	20	+	CHAPTER ______
31	21
32		-	BY repealing
33		-	Article – Education
34		-	Section 5–317 and 5–324
35		-	Annotated Code of Maryland
36		-	(2022 Replacement Volume)
	22	+	AN ACT concerning 1
37	23
38		-	BY repealing and reenacting, with amendments,
39		-	Article – Education
40		-	Section 2–303(f), 4–115(b), (c)(1)(i), (2), and (3), 4–126.1, 4–126.2, 5–302(b) and (f),
41		-	5–313(c), 5–325, and 5–327(d)
42		-	Annotated Code of Maryland
43		-	(2022 Replacement Volume)
	24	+	Public School Construction – Grant Programs, Approvals, and Administration – 2
	25	+	Alterations 3
44	26
45		-	BY repealing and reenacting, without amendments,
46		-	Article – Education
47		-	Section 4–115(a) and 5–302(a) and (c) through (e)
48		-	Annotated Code of Maryland
49		-	(2022 Replacement Volume) Ch. 679 2023 LAWS OF MARYLAND
	27	+	FOR the purpose of repealing the School Safety Grant Program and the Aging Schools 4
	28	+	Program as of a certain date; altering provisions relating to school construction 5
	29	+	approvals by the State Superintendent of Schools; altering provisions related to a 6
	30	+	public–private partnership agreement in Prince George’s County; establishing the 7
	31	+	Interagency Commission on School Construction as an independent unit of State 8
	32	+	government; providing a removal process for members of the Interagency 9
	33	+	Commission on School Construction; repealing the requirement for the Board of 10
	34	+	Public Works to approve grants awarded under the Capital Grant Program for Local 11
	35	+	School Systems With Significant Enrollment Growth or Relocatable Classrooms; 12
	36	+	removing a requirement for a life cycles cost analysis for the Interagency 13
	37	+	Commission; requiring a county board of education to submit a certain evaluation 14
	38	+	under certain circumstances; requiring the Department of General Services to 15
	39	+	develop life cycle cost analysis standards in coordination with the Interagency 16
	40	+	Commission on School Construction and the State Department of Education; altering 17
	41	+	payments in the Prince George’s County Public–Private Partnership Fund; altering 18
	42	+	payments into the Supplemental Public School Construction Financing Fund; 19
	43	+	authorizing the Governor to process a certain budget amendment; and generally 20
	44	+	relating to public school construction grant programs, approvals, and 21
	45	+	administration. 22
50	46
51		-	– 2 –
	47	+	BY repealing 23
	48	+	Article – Education 24 2 HOUSE BILL 458
52	49
53		-	BY repealing and reenacting, with amendments,
54		-	Article – Economic Development
55		-	Section 10–649(f) and (g) and 10–658
56		-	Annotated Code of Maryland
57		-	(2018 Replacement Volume and 2022 Supplement)
58	50
59		-	SECTION 1~~. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,~~
60		-	~~That Section(s) 5–317 and 5–324 of Article – Education of the~~ Annotated Code of Maryland
61		-	~~be repealed.~~
	51	+	Section 5–317 and 5–324 1
	52	+	Annotated Code of Maryland 2
	53	+	(2022 Replacement Volume) 3
62	54
63		-	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
64		-	as follows:
	55	+	BY repealing and reenacting, with amendments, 4
	56	+	Article – Education 5
	57	+	Section 2–303(f), 4–115(b), (c)(1)(i), (2), and (3), 4–126.1, 4–126.2, 5–302(b) and (f), 6
	58	+	5–313(c), 5–325, and 5–327(d) 7
	59	+	Annotated Code of Maryland 8
	60	+	(2022 Replacement Volume) 9
65	61
66		-	Article – Education
	62	+	BY repealing and reenacting, without amendments, 10
	63	+	Article – Education 11
	64	+	Section 4–115(a) and 5–302(a) and (c) through (e) 12
	65	+	Annotated Code of Maryland 13
	66	+	(2022 Replacement Volume) 14
67	67
68		-	2–303.
	68	+	BY repealing and reenacting, with amendments, 15
	69	+	Article – Economic Development 16
	70	+	Section 10–649(f) and (g) and 10–658 17
	71	+	Annotated Code of Maryland 18
	72	+	(2018 Replacement Volume and 2022 Supplement) 19
69	73
70		-	~~(f) (~~1~~) Subject to~~ the ~~bylaws, rules, and regulations~~ of ~~the State Board~~, ~~and~~
71		-	~~except as provided in paragraph (~~5) of ~~this subsection,~~ the ~~State Superintendent,~~ ~~OR THE~~
72		-	~~STATE SUPERINTENDENT ’S~~ ~~DESIGNEE, shall approve or disapprove each:~~
	74	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
	75	+	That Section(s) 5–317 and 5–324 of Article – Education of the Annotated Code of Maryland 21
	76	+	be repealed. 22
73	77
74		-	~~(i) Proposal for~~ the ~~purchase or sale~~ of ~~any ground,~~ ~~school site, or~~
75		-	~~building;~~
	78	+	SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 23
	79	+	as follows: 24
76	80
77		-	(ii) Plan or specification for the remodeling of a school building if the
78		-	remodeling costs more than [$350,000] $500,000 $1,000,000;
	81	+	Article – Education 25
79	82
80		-	(iii) Plan or specification for the construction of a new school building;
81		-	and
	83	+	2–303. 26
82	84
83		-	(iv) Change order that costs more than [$25,000] $50,000 for the
84		-	remodeling, restoration, or construction of a school building.
	85	+	(f) (1) Subject to the bylaws, rules, and regulations of the State Board, and 27
	86	+	except as provided in paragraph (5) of this subsection, the State Superintendent, OR THE 28
	87	+	STATE SUPERINTENDENT ’S DESIGNEE, shall approve or disapprove each: 29
85	88
86		-	(2) If the State Superintendent, OR THE STATE SUPERINTENDENT ’S
87		-	DESIGNEE, disapproves any plan, specification, proposal, or change order, [he] THE
88		-	STATE SUPERINTENDENT , OR THE STATE SUPERINTENDENT ’S DESIGNEE, shall state
89		-	in writing the reasons for [his] THE disapproval.
	89	+	(i) Proposal for the purchase or sale of any ground, school site, or 30
	90	+	building; 31
90	91
91		-	(3) If the construction is to be done by a county board, the board may not
92		-	begin until the plans and specifications are approved in writing by the State
93		-	Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE.
94		-	WES MOORE, Governor Ch. 679
	92	+	(ii) Plan or specification for the remodeling of a school building if the 32
	93	+	remodeling costs more than [$350,000] $500,000 $1,000,000; 33
95	94
96		-	– 3 –
97		-	(4) If the construction is to be done by contract, the contract is invalid
98		-	without the written approval of the State Superintendent , OR THE STATE
99		-	SUPERINTENDENT ’S DESIGNEE.
	95	+	(iii) Plan or specification for the construction of a new school building; 34
	96	+	and 35
	97	+	HOUSE BILL 458 3
100	98
101		-	(5) For the purchase of any ground or school site under paragraph (1) of
102		-	this subsection, the county board shall submit the purchase to the State Superintendent,
103		-	OR THE STATE SUPERINTENDENT ’S DESIGNEE, for approval or disapproval not more
104		-	than 3 years before the project is submitted to the Interagency Commission on School
105		-	Construction for local planning approval.
106	99
107		-	4–115.
	100	+	(iv) Change order that costs more than [$25,000] $50,000 for the 1
	101	+	remodeling, restoration, or construction of a school building. 2
108	102
109		-	(a) In this subtitle, “county council” means, in Baltimore City, the Mayor and City
110		-	Council of Baltimore.
	103	+	(2) If the State Superintendent, OR THE STATE SUPERINTENDENT ’S 3
	104	+	DESIGNEE, disapproves any plan, specification, proposal, or change order, [he] THE 4
	105	+	STATE SUPERINTENDENT , OR THE STATE SUPERINTENDENT ’S DESIGNEE, shall state 5
	106	+	in writing the reasons for [his] THE disapproval. 6
111	107
112		-	(b) With the approval of the State Superintendent, OR THE STATE
113		-	SUPERINTENDENT ’S DESIGNEE, each county board may:
	108	+	(3) If the construction is to be done by a county board, the board may not 7
	109	+	begin until the plans and specifications are approved in writing by the St ate 8
	110	+	Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE. 9
114	111
115		-	(1) Buy or otherwise acquire land, school sites, or buildings; and
	112	+	(4) If the construction is to be done by contract, the contract is invalid 10
	113	+	without the written approval of the State Superintendent , OR THE STATE 11
	114	+	SUPERINTENDENT ’S DESIGNEE. 12
116	115
117		-	(2) Rent, repair, improve, and build school buildings or approve contracts
118		-	for doing so, if the plans conform to the bylaws, rules, and regulations of the State Board.
	116	+	(5) For the purchase of any ground or school site under paragraph (1) of 13
	117	+	this subsection, the county board shall submit the purchase to the State Superintendent, 14
	118	+	OR THE STATE SUPERINTENDENT ’S DESIGNEE, for approval or disapproval not more 15
	119	+	than 3 years before the project is submitted to the Interagency Commission on School 16
	120	+	Construction for local planning approval. 17
119	121
120		-	(c) (1) (i) Except as provided in this subsection, if, with the approval of the
121		-	State Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE, a county board
122		-	finds that any land, school site, or building no longer is needed for school purposes, it shall
123		-	inform the county commissioners or county council of the county board’s determination
124		-	under this subparagraph.
	122	+	4–115. 18
125	123
126		-	(2) In Harford County, if, with the approval of the State Superintendent,
127		-	OR THE STATE SUPERINTENDENT ’S DESIGNEE, the county board finds that any land,
128		-	school site, or building is no longer needed for school purposes, it shall be transferred by
129		-	the county board to Harford County, Maryland, and disposed of in accordance with this
130		-	section.
	124	+	(a) In this subtitle, “county council” means, in Baltimore City, the Mayor and City 19
	125	+	Council of Baltimore. 20
131	126
132		-	(3) With the approval of the State Superintendent, OR THE STATE
133		-	SUPERINTENDENT ’S DESIGNEE, the Cecil County Board may transfer, with or without
134		-	charge, any of its property to the board of trustees of a public community college.
	127	+	(b) With the approval of the State Superinten dent, OR THE STATE 21
	128	+	SUPERINTENDENT ’S DESIGNEE, each county board may: 22
135	129
136		-	~~4–126.~~1.
	130	+	(1) Buy or otherwise acquire land, school sites, or buildings; and 23
137	131
138		-	(a) In this section, “public–private partnership agreement” means an agreement
139		-	in which [a county government and] a county board of education [contract] CONTRACTS
140		-	with a private entity for the acquisition, design, construction, improvement, renovation,
141		-	expansion, equipping, or financing of a public school, and may include provisions for Ch. 679 2023 LAWS OF MARYLAND
	132	+	(2) Rent, repair, improve, and build school buildings or approve contracts 24
	133	+	for doing so, if the plans conform to the bylaws, rules, and regulations of the State Board. 25
142	134
143		-	– 4 –
144		-	operation and maintenance of a school, cooperative use of the school or an adjacent
145		-	property, and generation of revenue to offset the cost of construction or use of the school.
	135	+	(c) (1) (i) Except as provided in this subsection, if, with the approval of the 26
	136	+	State Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE, a county board 27
	137	+	finds that any land, school site, or building no longer is needed for school purposes, it shall 28
	138	+	inform the county commissioners or county council of the county board’s determination 29
	139	+	under this subparagraph. 30
146	140
147		-	(b) Except as otherwise provided in this section, § 4–126 of this subtitle applies
148		-	to a public–private partnership agreement entered into in accordance with this section.
	141	+	(2) In Harford County, if, with the approval of the State Superintendent, 31
	142	+	OR THE STATE SUPERINTENDENT ’S DESIGNEE, the county board finds that any land, 32
	143	+	school site, or building is no longer needed for school purposes, it shall be transferred by 33
	144	+	the county board to Harford County, Maryland, and disposed of in accordance with this 34
	145	+	section. 35 4 HOUSE BILL 458
149	146
150		-	(c) (1) This section applies only if, on or before July 1, 2024, [the Prince
151		-	George’s County government and] the Prince George’s County Board [enter] ENTERS into
152		-	a public–private partnership agreement with a private entity to enhance the delivery of
153		-	public school construction in Prince George’s County.
154	147
155		-	(2) (i) Subject to subparagraph (ii) of this paragraph, before entering
156		-	into a public–private partnership agreement under paragraph (1) of this subsection, the
157		-	public–private partnership agreement shall be reviewed by the Maryland Stadium
158		-	Authority and approved by the Interagency Commission on School Construction.
159	148
160		-	(ii) The approval of the ~~Interagency Commission on School~~
161		-	~~Construction~~ may ~~not be unreasonably withheld~~ or ~~delayed as specified in the~~
162		-	~~memorandum~~ of ~~understanding required under § 4–126~~ of ~~this subtitle~~.
	149	+	(3) With the approval of the State Superintendent, OR THE STATE 1
	150	+	SUPERINTENDENT ’S DESIGNEE, the Cecil County Board may transfer, with or without 2
	151	+	charge, any of its property to the board of trustees of a public community college. 3
163	152
164		-	(d) (1) IN FISCAL YEARS 2024 AND 2025, THE MARYLAND STADIUM
165		-	AUTHORITY SHALL DE POSIT THE AMOUNT UND ER § 10–658 OF THE ECONOMIC
166		-	DEVELOPMENT ARTICLE FROM THE SUPPLEMENTAL PUBLIC SCHOOL
167		-	CONSTRUCTION FINANCING FUND INTO THE PRINCE GEORGE’S COUNTY
168		-	PUBLIC–PRIVATE PARTNERSHIP FUND ESTABLISHED UNDE R § 4–126.2 OF THIS
169		-	SUBTITLE.
	153	+	4–126.1. 4
170	154
171		-	(2) Subject to paragraph [(2)] (3) of this subsection, in fiscal year 2026 and
172		-	each fiscal year thereafter through not later than fiscal year 2055, if [the Prince George’s
173		-	County government,] the Prince George’s County Board[,] and the private entity remain
174		-	in the public–private partnership agreement described under subsection (c) of this section,
175		-	the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic
176		-	Development Article from the Supplemental Public School Construction Financing Fund
177		-	established under § 10–658 of the Economic Development Article into the Prince George’s
178		-	County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
	155	+	(a) In this section, “public–private partnership agreement” means an agreement 5
	156	+	in which [a county government and] a county board of education [contract] CONTRACTS 6
	157	+	with a private entity for the acquisition, design, construction, improvement, renovation, 7
	158	+	expansion, equipping, or financing of a public school, and may include provisions for 8
	159	+	operation and maintenance of a school, cooperative use of the school or an adjacent 9
	160	+	property, and generation of revenue to offset the cost of construction or use of the school. 10
179	161
180		-	[(2)] (3) Paragraph [(1)] (2) of this subsection applies only if the
181		-	public–private partnership agreement described under subsection (c) of this section
182		-	includes:
	162	+	(b) Except as otherwise provided in this section, § 4–126 of this subtitle applies 11
	163	+	to a public–private partnership agreement entered into in accordance with this section. 12
183	164
184		-	(i) A minimum of [6] 8 schools that will be improved, constructed,
185		-	or renovated and operated and maintained under the public –private partnership
186		-	agreement, INCLUDING ONE SCHOOL F OR WHICH A STRUCTURA L ENGINEER HAS
187		-	IDENTIFIED TO THE COMMISSION THAT THE S CHOOL NEEDS A FULL R EPLACEMENT
188		-	BECAUSE OF FAULTY ST EEL; and WES MOORE, Governor Ch. 679
	165	+	(c) (1) This section applies only if, on or before July 1, 2024, [the Prince 13
	166	+	George’s County government and] the Prince George’s County Board [enter] ENTERS into 14
	167	+	a public–private partnership agreement with a private entity to enhance the delivery of 15
	168	+	public school construction in Prince George’s County. 16
189	169
190		-	– 5 –
	170	+	(2) (i) Subject to subparagraph (ii) of this paragraph, before entering 17
	171	+	into a public–private partnership agreement under paragraph (1) of this subsection, the 18
	172	+	public–private partnership agreement shall be reviewed by the Maryland Stadium 19
	173	+	Authority and approved by the Interagency Commission on School Construction. 20
191	174
192		-	(ii) ~~A commitment by~~ the ~~Prince George’s County government and~~
193		-	~~the Prince George’s County Board to provide~~ the ~~local share of the total [availability]~~
194		-	~~payment~~.
	175	+	(ii) The approval of the Interagency Commission on School 21
	176	+	Construction may not be unreasonably withheld or delayed as specified in the 22
	177	+	memorandum of understanding required under § 4–126 of this subtitle. 23
195	178
196		-	[(3)] (4) In fiscal year 2026 and each fiscal year thereafter through not
197		-	later than fiscal year 2055, if [the Prince George’s County government,] the Prince George’s
198		-	County Board[,] and the private entity remain in the public–private partnership
199		-	agreement described under subsection (c) of this section, the Prince George’s County
200		-	government and the Prince George’s County Board each shall deposit the [availability]
201		-	payment amount required under the public–private partnership agreement into the Prince
202		-	George’s County Public–Private Partnership Fund established under § 4–126.2 of this
203		-	subtitle.
	179	+	(d) (1) IN FISCAL YEARS 2024 AND 2025, THE MARYLAND STADIUM 24
	180	+	AUTHORITY SHALL DEPOS IT THE AMOUNT UNDER § 10–658 OF THE ECONOMIC 25
	181	+	DEVELOPMENT ARTICLE FROM THE SUPPLEMENTAL PUBLIC SCHOOL 26
	182	+	CONSTRUCTION FINANCING FUND INTO THE PRINCE GEORGE’S COUNTY 27
	183	+	PUBLIC–PRIVATE PARTNERSHIP FUND ESTABLISH ED UNDER § 4–126.2 OF THIS 28
	184	+	SUBTITLE. 29
204	185
205		-	(e) In fiscal year 2026 and each fiscal year thereafter through not later than fiscal
206		-	year 2055, if [the Prince George’s County government,] the Prince George’s County
207		-	Board[,] and the private entity remain in the public–private partnership agreement
208		-	described under subsection (c) of this section and the Prince George’s County government
209		-	and the Prince George’s County Board deposit the [availability] payment in the manner
210		-	described under subsection (d)(3) of this section, the Interagency Commission on School
211		-	Construction shall pay the [private entity] PRINCE GEORGE’S COUNTY BOARD from the
212		-	Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of
213		-	this subtitle for the [availability] payment required under the public–private partnership
214		-	agreement.
	186	+	(2) Subject to paragraph [(2)] (3) of this subsection, in fiscal year 2026 and 30
	187	+	each fiscal year thereafter through not later than fiscal year 2055, if [the Prince George’s 31
	188	+	County government,] the Prince George’s County Board[,] and the private entity remain 32
	189	+	in the public–private partnership agreement described under subsection (c) of this section, 33
	190	+	the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic 34
	191	+	Development Article from the Supplemental Public School Construction Financing Fund 35
	192	+	established under § 10–658 of the Economic Development Article into the Prince George’s 36
	193	+	County Public–Private Partnership Fund established under § 4–126.2 of this subtitle. 37 HOUSE BILL 458 5
215	194
216		-	(f) On January 15, 2025, and each January 15 thereafter, the Prince George’s
217		-	County government, the Prince George’s County Board, the Maryland Stadium Authority,
218		-	and the Interagency Commission on School Construction jointly shall report to the
219		-	Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal
220		-	committees of the General Assembly on the progress of construction and renovations of
221		-	public school facilities under the public–private partnership agreement described under
222		-	subsection (c) of this section, including actions:
223	195
224		-	(1) Taken during the previous fiscal year; and
225	196
226		-	(2) Planned for the current fiscal year.
	197	+	[(2)] (3) Paragraph [(1)] (2) of this subsection applies only if the 1
	198	+	public–private partnership agreement described under subsection (c) of this section 2
	199	+	includes: 3
227	200
228		-	(g) (1) On or before July 1, 2029, the Interagency Commission on School
229		-	Construction shall complete a 5–year evaluation of the effectiveness of the public–private
230		-	partnership agreement described under subsection (c) of this section.
	201	+	(i) A minimum of [6] 8 schools that will be improved, constructed, 4
	202	+	or renovated and operated and maintained under the public–private partnership 5
	203	+	agreement, INCLUDING ONE SCHOOL FOR WHICH A STRUCTUR AL ENGINEER HAS 6
	204	+	IDENTIFIED TO THE COMMISSION THAT THE S CHOOL NEEDS A FULL R EPLACEMENT 7
	205	+	BECAUSE OF FAULTY ST EEL; and 8
231	206
232		-	(2) On or before December 31, 2029, the Interagency Commission on School
233		-	Construction shall submit a report on the results of the evaluation required under
234		-	paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the
235		-	State Government Article, the fiscal committees of the General Assembly.
236		-	Ch. 679 2023 LAWS OF MARYLAND
	207	+	(ii) A commitment by the Prince George’s County government and 9
	208	+	the Prince George’s County Board to provide the local share of the total [availability] 10
	209	+	payment. 11
237	210
238		-	– 6 –
239		-	4–126.2.
	211	+	[(3)] (4) In fiscal year 2026 and each fiscal year thereafter through not 12
	212	+	later than fiscal year 2055, if [the Prince George’s County government,] the Prince George’s 13
	213	+	County Board[,] and the private entity remain in the public–private partnership 14
	214	+	agreement described under subsection (c) of this section, the Prince George’s County 15
	215	+	government and the Prince George’s County Board each shall deposit the [availability] 16
	216	+	payment amount required under the public–private partnership agreement into the Prince 17
	217	+	George’s County Public–Private Partnership Fund established under § 4–126.2 of this 18
	218	+	subtitle. 19
240	219
241		-	(a) In this section, “Fund” means the Prince George’s County Public–Private
242		-	Partnership Fund.
	220	+	(e) In fiscal year 2026 and each fiscal year thereafter through not later than fiscal 20
	221	+	year 2055, if [the Prince George’s County government,] the Prince George’s County 21
	222	+	Board[,] and the private entity remain in the public–private partnership agreement 22
	223	+	described under subsection (c) of this section and the Prince George’s County government 23
	224	+	and the Prince George’s County Board deposit the [availability] payment in the manner 24
	225	+	described under subsection (d)(3) of this section, the Interagency Commission on School 25
	226	+	Construction shall pay the [private entity] PRINCE GEORGE’S COUNTY BOARD from the 26
	227	+	Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of 27
	228	+	this subtitle for the [availability] payment required under the public–private partnership 28
	229	+	agreement. 29
243	230
244		-	(b) There is a Prince George’s County Public–Private Partnership Fund.
	231	+	(f) On January 15, 2025, and each January 15 thereafter, the Prince George’s 30
	232	+	County government, the Prince George’s County Board, the Maryland Stadium Authority, 31
	233	+	and the Interagency Commission on School Construction jointly shall report to the 32
	234	+	Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal 33
	235	+	committees of the General Assembly on the progress of construction and renovations of 34
	236	+	public school facilities under the public–private partnership agreement described under 35
	237	+	subsection (c) of this section, including actions: 36
245	238
246		-	(c) The purpose of the Fund is to provide funds to THE Prince George’s County
247		-	BOARD for [Prince George’s County] THE BOARD to pay a public or private entity for the
248		-	[availability] payment due under the Prince George’s County public–private partnership
249		-	agreement entered into in accordance with § 4–126.1 of this subtitle.
	239	+	(1) Taken during the previous fiscal year; and 37
250	240
251		-	(d) The Interagency Commission on School Construction shall administer the
252		-	Fund as described in the four–party memorandum of understanding entered into under §
253		-	4–126(e)(3)(ii) of this subtitle.
	241	+	(2) Planned for the current fiscal year. 38 6 HOUSE BILL 458
254	242
255		-	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
256		-	the State Finance and Procurement Article.
257	243
258		-	(2) The State Treasurer shall hold the Fund separately, and the
259		-	Comptroller shall account for the Fund.
260	244
261		-	(f) The Fund consists of:
	245	+	(g) (1) On or before July 1, 2029, the Interagency Commission on School 1
	246	+	Construction shall complete a 5–year evaluation of the effectiveness of the public–private 2
	247	+	partnership agreement described under subsection (c) of this section. 3
262	248
263		-	(1) Money deposited into the Fund by Prince George’s County, the Prince
264		-	George’s County Board, and the Maryland Stadium Authority;
	249	+	(2) On or before December 31, 2029, the Interagency Commission on School 4
	250	+	Construction shall submit a report on the results of the evaluation required under 5
	251	+	paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the 6
	252	+	State Government Article, the fiscal committees of the General Assembly. 7
265	253
266		-	~~(2) Money deposited into the Fund by the State;~~
	254	+	4–126.2. 8
267	255
268		-	(3) Any investment earnings of the Fund; and
	256	+	(a) In this section, “Fund” means the Prince George’s County Public–Private 9
	257	+	Partnership Fund. 10
269	258
270		-	(4) Any other money from any other source accepted for the benefit of the
271		-	Fund.
	259	+	(b) There is a Prince George’s County Public–Private Partnership Fund. 11
272	260
273		-	(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may
274		-	be used only to provide funding to Prince George’s County for alternative financing methods
275		-	under § 4–126 of this subtitle in Prince George’s County.
	261	+	(c) The purpose of the Fund is to provide funds to THE Prince George’s County 12
	262	+	BOARD for [Prince George’s County] THE BOARD to pay a public or private entity for the 13
	263	+	[availability] payment due under the Prince George’s County public–private partnership 14
	264	+	agreement entered into in accordance with § 4–126.1 of this subtitle. 15
276	265
277		-	(2) If THE Prince George’s County BOARD receives State funding for an
278		-	availability payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1
279		-	of this subtitle may be used only to pay [an availability] A payment to a private entity
280		-	under the public–private partnership agreement entered into and approved in accordance
281		-	with § 4–126.1 of this subtitle.
282		-	WES MOORE, Governor Ch. 679
	266	+	(d) The Interagency Commission on School Construction shall administer the 16
	267	+	Fund as described in the four–party memorandum of understanding entered into under § 17
	268	+	4–126(e)(3)(ii) of this subtitle. 18
283	269
284		-	– 7 –
285		-	(h) Any appropriation to the Fund shall be used to supplement, but not supplant,
286		-	money appropriated to Prince George’s County for public school construction under the
287		-	Public School Construction Program established in Title 5, Subtitle 3 of this article.
	270	+	(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 19
	271	+	the State Finance and Procurement Article. 20
288	272
289		-	(~~i) (1~~) The State Treasurer shall ~~invest the money of~~ the Fund in the ~~same~~
290		-	~~manner as other State money may be invested~~.
	273	+	(2) The State Treasurer shall hold the Fund separately, and the 21
	274	+	Comptroller shall account for the Fund. 22
291	275
292		-	(2) ~~Any interest earnings of~~ the Fund ~~shall be credited to the Fund.~~
	276	+	(f) The Fund consists of: 23
293	277
294		-	(j) If a memorandum of understanding is entered into under § 4–126 of this
295		-	subtitle and State funding is provided for [an availability] A payment, the Prince George’s
296		-	County Board and Prince George’s County shall deposit into the Fund the amounts
297		-	required under the memorandum of understanding.
	278	+	(1) Money deposited into the Fund by Prince George’s County, the Prince 24
	279	+	George’s County Board, and the Maryland Stadium Authority; 25
298	280
299		-	~~5–302.~~
	281	+	(2) Money deposited into the Fund by the State; 26
300	282
301		-	(a) ~~There is an Interagency Commission on School Construction.~~
	283	+	(3) Any investment earnings of the Fund; and 27
302	284
303		-	(b) The ~~Interagency Commission is an independent [commission that functions~~
304		-	~~within the Department] UNIT OF STATE GOVERNMENT~~ .
	285	+	(4) Any other money from any other source accepted for the benefit of the 28
	286	+	Fund. 29
305	287
306		-	(c) The ~~purpose of the Interagency Commission is to develop and approve policies,~~
307		-	~~procedures, guidelines,~~ ~~and regulations on State school construction allocations~~ to ~~local~~
308		-	~~jurisdictions~~ in ~~an independent and merit–based manner~~.
	288	+	(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may 30
	289	+	be used only to provide funding to Prince George’s County for alternative financing methods 31
	290	+	under § 4–126 of this subtitle in Prince George’s County. 32 HOUSE BILL 458 7
309	291
310		-	(d) The Interagency Commission consists of the following members:
311	292
312		-	(1) The State Superintendent of Schools, or the Superintendent’s designee;
313	293
314		-	(2) The Secretary of Planning, or the Secretary’s designee;
	294	+	(2) If THE Prince George’s County BOARD receives State funding for an 1
	295	+	availability payment under § 4–126.1 of this subtitle, the funding received under § 4–126.1 2
	296	+	of this subtitle may be used only to pay [an availability] A payment to a private entity 3
	297	+	under the public–private partnership agreement entered into and approved in accordance 4
	298	+	with § 4–126.1 of this subtitle. 5
315	299
316		-	(3) The Secretary of General Services, or the Secretary’s designee;
	300	+	(h) Any appropriation to the Fund shall be used to supplement, but not supplant, 6
	301	+	money appropriated to Prince George’s County for public school construction under the 7
	302	+	Public School Construction Program established in Title 5, Subtitle 3 of this article. 8
317	303
318		-	(4) Two members of the public appointed by the Governor;
	304	+	(i) (1) The State Treasurer shall invest the money of the Fund in the same 9
	305	+	manner as other State money may be invested. 10
319	306
320		-	(5) Two members of the public appointed by the President of the Senate;
321		-	and
	307	+	(2) Any interest earnings of the Fund shall be credited to the Fund. 11
322	308
323		-	(6) Two members of the public appointed by the Speaker of the House.
	309	+	(j) If a memorandum of understanding is entered into under § 4–126 of this 12
	310	+	subtitle and State funding is provided for [an availability] A payment, the Prince George’s 13
	311	+	County Board and Prince George’s County shall deposit into the Fund the amounts 14
	312	+	required under the memorandum of understanding. 15
324	313
325		-	(e) The Governor, President of the Senate, and Speaker of the House jointly shall
326		-	select the Chair of the Interagency Commission.
	314	+	5–302. 16
327	315
328		-	(f) (1) An appointed member of the Interagency Commission may not be:
329		-	Ch. 679 2023 LAWS OF MARYLAND
	316	+	(a) There is an Interagency Commission on School Construction. 17
330	317
331		-	– 8 –
332		-	[(1)] (I) An individual who is a regulated lobbyist as described in §
333		-	5–702(a)(1), (2), (3), or (4) of the General Provisions Article;
	318	+	(b) The Interagency Commission is an independent [commission that functions 18
	319	+	within the Department] UNIT OF STATE GOVERNMENT . 19
334	320
335		-	[(2)] (II) A federal, State, or local elected official;
	321	+	(c) The purpose of the Interagency Commission is to develop and approve policies, 20
	322	+	procedures, guidelines, and regulations on State school construction allocations to local 21
	323	+	jurisdictions in an independent and merit–based manner. 22
336	324
337		-	[(3)] (III) An employee of State or county government or a county board of
338		-	education; or
	325	+	(d) The Interagency Commission consists of the following members: 23
339	326
340		-	[(4)] (IV) An individual who has a business interest in, or contracts related
341		-	to, school construction in any jurisdiction in the State.
	327	+	(1) The State Superintendent of Schools, or the Superintendent’s designee; 24
342	328
343		-	(2) AN APPOINTED MEMBER O F THE INTERAGENCY COMMISSION
344		-	MAY BE REMOVED FOR I NCOMPETENCE , MISCONDUCT, OR FAILURE TO PERFOR M
345		-	THE DUTIES OF THE PO SITION BY:
	329	+	(2) The Secretary of Planning, or the Secretary’s designee; 25
346	330
347		-	(I) THE ~~GOVERNOR~~, ~~IF APPOINTED BY~~ THE ~~GOVERNOR~~;
	331	+	(3) The Secretary of General Services, or the Secretary’s designee; 26
348	332
349		-	(II) THE PRESIDENT OF THE SENATE, IF APPOINTED BY THE
350		-	PRESIDENT OF THE SENATE; OR
	333	+	(4) Two members of the public appointed by the Governor; 27
351	334
352		-	(~~III~~) ~~THE SPEAKER~~ OF THE ~~HOUSE, IF~~ APPOINTED BY THE
353		-	~~SPEAKER OF THE HOUSE.~~
	335	+	(5) Two members of the public appointed by the President of the Senate; 28
	336	+	and 29
354	337
355		-	5–313.
	338	+	(6) Two members of the public appointed by the Speaker of the House. 30
	339	+	8 HOUSE BILL 458
356	340
357		-	(c) (1) The Program shall be implemented and administered by the
358		-	Interagency Commission on School Construction in accordance with this section.
359	341
360		-	(2) Grants awarded by the Interagency Commission under the Program[:
	342	+	(e) The Governor, President of the Senate, and Speaker of the House jointly shall 1
	343	+	select the Chair of the Interagency Commission. 2
361	344
362		-	(i) Shall] SHALL be matched by local funds equal to the required
363		-	local cost–share established in accordance with § 5–303(d)(3) of this subtitle[; and
	345	+	(f) (1) An appointed member of the Interagency Commission may not be: 3
364	346
365		-	(ii) Shall be approved by the Board of Public Works].
	347	+	[(1)] (I) An individual who is a regulated lobbyist as described in § 4
	348	+	5–702(a)(1), (2), (3), or (4) of the General Provisions Article; 5
366	349
367		-	~~5–325.~~
	350	+	[(2)] (II) A federal, State, or local elected official; 6
368	351
369		-	(a) [The Interagency Commission or, if required under subsection (b) of this
370		-	section, the Maryland Stadium Authority shall evaluate the life cycle costs of public school
371		-	buildings over a 50–year period, including] A COUNTY BOARD , DURING THE DESIGN
372		-	DEVELOPMENT PHASE FO R THE CONSTRUCTION O R MAJOR RENOVATION OF A
373		-	PUBLIC SCHOOL BUILDI NG, SHALL COMPLETE AN EV ALUATION OF:
374		-	WES MOORE, Governor Ch. 679
	352	+	[(3)] (III) An employee of State or county government or a county board of 7
	353	+	education; or 8
375	354
376		-	– 9 –
377		-	(1) [An evaluation, based on a 50–year period, of the] THE cost and
378		-	efficiency, BASED ON A 50–YEAR PERIOD , of using AVAILABLE alternative energy
379		-	systems, including geothermal, solar, wind, and energy storage compared to a traditional
380		-	energy system;
	355	+	[(4)] (IV) An individual who has a business interest in, or contracts related 9
	356	+	to, school construction in any jurisdiction in the State. 10
381	357
382		-	(2) An ~~energy consumption and systems replacement [analysis], based on~~
383		-	~~a 50–year period~~, ~~of each major piece of equipment in any of the following systems serving~~
384		-	the ~~public school building~~:
	358	+	(2) AN APPOINTED MEMBER O F THE INTERAGENCY COMMISSION 11
	359	+	MAY BE REMOVED FOR I NCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M 12
	360	+	THE DUTIES OF THE POSITION BY: 13
385	361
386		-	(i) The ~~cooling system~~;
	362	+	(I) THE GOVERNOR, IF APPOINTED BY THE GOVERNOR; 14
387	363
388		-	(ii) The heating system;
	364	+	(II) THE PRESIDENT OF THE SENATE, IF APPOINTED BY THE 15
	365	+	PRESIDENT OF THE SENATE; OR 16
389	366
390		-	(iii) The hot water system;
	367	+	(III) THE SPEAKER OF THE HOUSE, IF APPOINTED BY THE 17
	368	+	SPEAKER OF THE HOUSE. 18
391	369
392		-	~~(iv) The lighting system;~~
	370	+	5–313. 19
393	371
394		-	(v) The ventilation system; or
	372	+	(c) (1) The Program shall be implemented and administered by the 20
	373	+	Interagency Commission on School Construction in accordance with this section. 21
395	374
396		-	(vi) ~~Any other major system that uses energy;~~ ~~and~~
	375	+	(2) Grants awarded by the Interagency Commission under the Program[: 22
397	376
398		-	(3) The ~~impact of innovative building design and materials on energy~~
399		-	~~consumption, including white roofs~~ and ~~green roofs.~~
	377	+	(i) Shall] SHALL be matched by local funds equal to the required 23
	378	+	local cost–share established in accordance with § 5–303(d)(3) of this subtitle[; and 24
400	379
401		-	[(b) The Interagency Commission or the Maryland Stadium Authority, as
402		-	applicable, may contract with a third party to conduct the evaluation under subsection (a)
403		-	of this section.
	380	+	(ii) Shall be approved by the Board of Public Works]. 25
404	381
405		-	(c) (1) The evaluation required under subsection (a) of this section shall be
406		-	conducted and submitted to the General Assembly in accordance with § 2–1257 of the State
407		-	Government Article on or before October 1, 2023.
	382	+	5–325. 26
408	383
409		-	(2) On or before October 1, 2020, and each October 1 through 2022, the
410		-	Interagency Commission or the Maryland Stadium Authority shall provide annual updates
411		-	on the progress of the evaluation to the General Assembly, in accordance with § 2–1257 of
412		-	the State Government Article.]
	384	+	(a) [The Interagency Commission or, if required under subsection (b) of this 27
	385	+	section, the Maryland Stadium Authority shall evaluate the life cycle costs of public school 28
	386	+	buildings over a 50–year period, including] A COUNTY BOARD , DURING THE DESIGN 29 HOUSE BILL 458 9
413	387
414		-	(B) IF THE COUNTY BOARD D ETERMINES THAT NO AL TERNATIVE ENERGY
415		-	SYSTEMS ARE APPROPRI ATE FOR A CONSTRUCTI ON OR MAJOR RENOVATI ON
416		-	PROJECT, THE COUNTY BOARD SHA LL SUBMIT A REPORT T O THE INTERAGENCY
417		-	COMMISSION THAT EXPLA INS WHY THE ALTERNAT IVE ENERGY SYSTEMS W ERE NOT
418		-	APPROPRIATE .
419	388
420		-	~~(C) ON OR BEFORE DECEMBER 31 EACH YEAR ,~~ THE ~~INTERAGENCY~~
421		-	~~COMMISSION~~ SHALL ~~SUBM IT A REPORT TO THE GENERAL ASSEMBLY, IN Ch. 679 2023 LAWS~~ OF ~~MARYLAND~~
	389	+	DEVELOPMENT PHASE FO R THE CONSTRUCTION O R MAJOR RENOVATION O F A 1
	390	+	PUBLIC SCHOOL BUILDI NG, SHALL COMPLETE AN EVALUATI ON OF: 2
422	391
423		-	– ~~10 –~~
424		-	~~ACCORDANCE WITH § 2~~–~~1257~~ OF ~~THE STATE GOVERNMENT ARTICLE,~~ ~~ON THE~~
425		-	~~NUMBER OF PUBLIC SCH OOL CONSTRUCTION~~ AND ~~MAJOR RENOVATION PROJECTS~~
426		-	~~IN EACH JURISDICTION THAT USE ALTERNATIVE~~ ENERGY ~~SYSTEMS .~~
	392	+	(1) [An evaluation, based on a 50–year period, of the] THE cost and 3
	393	+	efficiency, BASED ON A 50–YEAR PERIOD , of using AVAILABLE alternative energy 4
	394	+	systems, including geothermal, solar, wind, and energy storage compared to a traditional 5
	395	+	energy system; 6
427	396
428		-	5–327.
	397	+	(2) An energy consumption and systems replacement [analysis], based on 7
	398	+	a 50–year period, of each major piece of equipment in any of the following systems serving 8
	399	+	the public school building: 9
429	400
430		-	(d) The Interagency Commission, in coordination with the Department AND THE
431		-	DEPARTMENT OF GENERAL SERVICES, shall develop life cycle cost analysis standards.
	401	+	(i) The cooling system; 10
432	402
433		-	~~Article – Economic Development~~
	403	+	(ii) The heating system; 11
434	404
435		-	~~10–649.~~
	405	+	(iii) The hot water system; 12
436	406
437		-	(f) (1) Except as provided in paragraph (2) of this subsection, the total debt
438		-	service for any bond issue, when added to all prior outstanding bond issues related to
439		-	improvements to public school facilities, may not exceed the total amount of the funds
440		-	provided under subsection (g) of this section.
	407	+	(iv) The lighting system; 13
441	408
442		-	(2) If THE Prince George’s County BOARD enters into a public–private
443		-	partnership agreement under § 4–126.1 of the Education Article, the total debt service for
444		-	all bond issues may not exceed $100,000,000.
	409	+	(v) The ventilation system; or 14
445	410
446		-	(g) (1) In accordance with § 9–1A–30 of the State Government Article, the
447		-	Comptroller shall deposit a portion of the money in the Education Trust Fund into the
448		-	Supplemental Public School Construction Financing Fund for the program to be known as
449		-	the Built to Learn Program.
	411	+	(vi) Any other major system that uses energy; and 15
450	412
451		-	(2) The ~~funds under paragraph (1)~~ of ~~this subsection shall be deposited in~~
452		-	~~the following amounts:~~
	413	+	(3) The impact of innovative building design and materials on energy 16
	414	+	consumption, including white roofs and green roofs. 17
453	415
454		-	(i) in fiscal year 2022 – $30,000,000;
	416	+	[(b) The Interagency Commission or the Maryland Stadium Authority, as 18
	417	+	applicable, may contract with a third party to conduct the evaluation under subsection (a) 19
	418	+	of this section. 20
455	419
456		-	(ii) in fiscal year 2023 – $60,000,000; [and]
	420	+	(c) (1) The evaluation required under subsection (a) of this section shall be 21
	421	+	conducted and submitted to the General Assembly in accordance with § 2–1257 of the State 22
	422	+	Government Article on or before October 1, 2023. 23
457	423
458		-	(iii) in fiscal year 2024 [and each fiscal year thereafter] –
459		-	$125,000,000; AND
	424	+	(2) On or before October 1, 2020, and each October 1 through 2022, the 24
	425	+	Interagency Commission or the Maryland Stadium Authority shall provide annual updates 25
	426	+	on the progress of the evaluation to the General Assembly, in accordance with § 2–1257 of 26
	427	+	the State Government Article.] 27
460	428
461		-	(IV) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER
462		-	– $127,000,000.
	429	+	(B) IF THE COUNTY BOARD D ETERMINES THAT NO AL TERNATIVE ENERGY 28
	430	+	SYSTEMS ARE APPROPRI ATE FOR A CONSTRUCTI ON OR MAJOR RENOVATI ON 29
	431	+	PROJECT, THE COUNTY BOARD SHA LL SUBMIT A REPORT T O THE INTERAGENCY 30
	432	+	COMMISSION THAT EXPLA INS WHY THE ALTERNAT IVE ENERGY SYSTEMS W ERE NOT 31
	433	+	APPROPRIATE . 32
	434	+	10 HOUSE BILL 458
463	435
464		-	(3) The Comptroller shall deposit 50% of the funds under paragraph (2) of
465		-	this subsection on or before November 1 each year and the other 50% on or before May 1
466		-	each year.
467	436
468		-	10–658. WES MOORE, Governor Ch. 679
	437	+	(C) ON OR BEFORE DECEMBER 31 EACH YEAR , THE INTERAGENCY 1
	438	+	COMMISSION SHALL SUBM IT A REPORT TO THE GENERAL ASSEMBLY, IN 2
	439	+	ACCORDANCE WITH § 2–1257 OF THE STATE GOVERNMENT ARTICLE, ON THE 3
	440	+	NUMBER OF PUBLIC SCH OOL CONSTRUCTION AND MAJOR RENOVATION PRO JECTS 4
	441	+	IN EACH JURISDICTION THAT USE ALTER NATIVE ENERGY SYSTEM S. 5
469	442
470		-	– ~~11 –~~
	443	+	5–327. 6
471	444
472		-	(a) There is a Supplemental Public School Construction Financing Fund.
	445	+	(d) The Interagency Commission, in coordination with the Department AND THE 7
	446	+	DEPARTMENT OF GENERAL SERVICES, shall develop life cycle cost analysis standards. 8
473	447
474		-	(b) (1) The Supplemental Public School Construction Financing Fund is a
475		-	continuing, nonlapsing fund that shall be available to implement this subtitle concerning
476		-	public school facilities.
	448	+	Article – Economic Development 9
477	449
478		-	~~(2) The Authority shall:~~
	450	+	10–649. 10
479	451
480		-	(i) use the Supplemental Public School Construction Financing
481		-	Fund as a revolving fund for carrying out this subtitle concerning public school facilities;
	452	+	(f) (1) Except as provided in paragraph (2) of this subsection, the total debt 11
	453	+	service for any bond issue, when added to all prior outstanding bond issues related to 12
	454	+	improvements to public school facilities, may not exceed the total amount of the funds 13
	455	+	provided under subsection (g) of this section. 14
482	456
483		-	(ii) ~~pay any and all expenses from~~ the ~~Supplemental~~ Public ~~School~~
484		-	~~Construction Financing Fund that are incurred by~~ the ~~Authority related to any public~~
485		-	~~school facilities;~~ ~~and~~
	457	+	(2) If THE Prince George’s County BOARD enters into a public–private 15
	458	+	partnership agreement under § 4–126.1 of the Education Article, the total debt service for 16
	459	+	all bond issues may not exceed $100,000,000. 17
486	460
487		-	(iii) after all bonds have been issued, calculate the total amount
488		-	allocated from the Supplemental Public School Construction Financing Fund to each county
489		-	that received a percentage of bond proceeds under § 10–650(b)(1) of this subtitle.
	461	+	(g) (1) In accordance with § 9–1A–30 of the State Government Article, the 18
	462	+	Comptroller shall deposit a portion of the money in the Education Trust Fund into the 19
	463	+	Supplemental Public School Construction Financing Fund for the program to be known as 20
	464	+	the Built to Learn Program. 21
490	465
491		-	(3) [(i) Subject to subparagraph (ii) of this paragraph, in] IN each fiscal
492		-	year for which the provisions of § 4–126.1(d) of the Education Article remain applicable,
493		-	the Authority shall deposit an amount equal to [$25,000,000] $27,000,000 EACH YEAR
494		-	from the Supplemental Public School Construction Financing Fund into the Prince George’s
495		-	County Public–Private Partnership Fund established under § 4–126.2 of the Education
496		-	Article.
	466	+	(2) The funds under paragraph (1) of this subsection shall be deposited in 22
	467	+	the following amounts: 23
497	468
498		-	[(ii) The total amount distributed from the Supplemental Public
499		-	School Construction Financing Fund to the Prince George’s County Public Private
500		-	Partnership Fund in accordance with subparagraph (i) of this paragraph may not exceed
501		-	the maximum total amount allocated to a county calculated in accordance with paragraph
502		-	(2)(iii) of this subsection.]
	469	+	(i) in fiscal year 2022 – $30,000,000; 24
503	470
504		-	(c) To the extent considered appropriate by the Authority, the money on deposit
505		-	in the Supplemental Public School Construction Financing Fund shall be pledged to and
506		-	used to pay the following related to public school facilities:
	471	+	(ii) in fiscal year 2023 – $60,000,000; [and] 25
507	472
508		-	(1) debt service on Authority bonds;
	473	+	(iii) in fiscal year 2024 [and each fiscal year thereafter] – 26
	474	+	$125,000,000; AND 27
509	475
510		-	(2) debt service reserves under a trust agreement;
	476	+	(IV) IN FISCAL YEAR 2025 AND EACH FISCAL YEAR THEREAFTER 28
	477	+	– $127,000,000. 29
511	478
512		-	(3) all reasonable charges and expenses related to Authority borrowing;
513		-	and
514		-	Ch. 679 2023 LAWS OF MARYLAND
	479	+	(3) The Comptroller shall deposit 50% of the funds under paragraph (2) of 30
	480	+	this subsection on or before November 1 each year and the other 50% on or before May 1 31
	481	+	each year. 32
	482	+	HOUSE BILL 458 11
515	483
516		-	– 12 –
517		-	(4) all reasonable charges and expenses related to the Authority’s
518		-	administration of the Supplemental Public School Construction Financing Fund and
519		-	management of the Authority’s obligations.
520	484
521		-	~~(d) The Supplemental Public School Construction Financing Fund consists of:~~
	485	+	10–658. 1
522	486
523		-	(1) money deposited into the Supplemental Public School Construction
524		-	Financing Fund;
	487	+	(a) There is a Supplemental Public School Construction Financing Fund. 2
525	488
526		-	(2) to the extent that the proceeds are not under a trust agreement,
527		-	proceeds from the sale of bonds concerning public school facilities;
	489	+	(b) (1) The Supplemental Public School Construction Financing Fund is a 3
	490	+	continuing, nonlapsing fund that shall be available to implement this subtitle concerning 4
	491	+	public school facilities. 5
528	492
529		-	(3) revenues collected or received from any source under this subtitle
530		-	related to public school facility projects;
	493	+	(2) The Authority shall: 6
531	494
532		-	(4) ~~any interest earnings of~~ the Supplemental Public School Construction
533		-	~~Financing~~ Fund; ~~and~~
	495	+	(i) use the Supplemental Public School Construction Financing 7
	496	+	Fund as a revolving fund for carrying out this subtitle concerning public school facilities; 8
534	497
535		-	(5) any additional money made available from any public source for the
536		-	purposes established for the Supplemental Public School Construction Financing Fund.
	498	+	(ii) pay any and all expenses from the Supplemental Public School 9
	499	+	Construction Financing Fund that are incurred by the Authority related to any public 10
	500	+	school facilities; and 11
537	501
538		-	(e) (1) The State Treasurer shall invest the money of the Supplemental Public
539		-	School Construction Financing Fund in the same manner as other State funds.
	502	+	(iii) after all bonds have been issued, calculate the total amount 12
	503	+	allocated from the Supplemental Public School Construction Financing Fund to each county 13
	504	+	that received a percentage of bond proceeds under § 10–650(b)(1) of this subtitle. 14
540	505
541		-	(2) Any investment earnings shall be credited to the Supplemental Public
542		-	School Construction Financing Fund.
	506	+	(3) [(i) Subject to subparagraph (ii) of this paragraph, in] IN each fiscal 15
	507	+	year for which the provisions of § 4–126.1(d) of the Education Article remain applicable, 16
	508	+	the Authority shall deposit an amount equal to [$25,000,000] $27,000,000 EACH YEAR 17
	509	+	from the Supplemental Public School Construction Financing Fund into the Prince George’s 18
	510	+	County Public–Private Partnership Fund established under § 4–126.2 of the Education 19
	511	+	Article. 20
543	512
544		-	(3) No part of the Supplemental Public School Construction Financing
545		-	Fund may revert or be credited to the General Fund or any special fund of the State.
	513	+	[(ii) The total amount distributed from the Supplemental Public School 21
	514	+	Construction Financing Fund to the Prince George’s County Public Private Partnership 22
	515	+	Fund in accordance with subparagraph (i) of this paragraph may not exceed the maximum 23
	516	+	total amount allocated to a county calculated in accordance with paragraph (2)(iii) of this 24
	517	+	subsection.] 25
546	518
547		-	(f) The money ~~in the Supplemental Public School Construction Financing Fund~~
548		-	shall be ~~used~~ to ~~supplement,~~ and ~~may not supplant, money appropriated to the Public~~
549		-	~~School Construction Program established under Title 5, Subtitle 3 of~~ the ~~Education Article.~~
	519	+	(c) To the extent considered appropriate by the Authority, the money on deposit 26
	520	+	in the Supplemental Public School Construction Financing Fund shall be pledged to and 27
	521	+	used to pay the following related to public school facilities: 28
550	522
551		-	SECTION 3. AND BE IT FURTHER ENACTED, That notwithstanding any other
552		-	provision of law, on or before June 30, 2024, the Governor may process a budget amendment
553		-	to transfer from the Supplemental Public School Construction Financing Fund under §
554		-	10–658 of the Economic Development Article to the Prince George’s County Public–Private
555		-	Partnership Fund under § 4–126.2 of the Education Article for $25,000,000.
	523	+	(1) debt service on Authority bonds; 29
556	524
557		-	SECTION 3. 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall
558		-	take effect June 30, 2026.
	525	+	(2) debt service reserves under a trust agreement; 30
559	526
560		-	~~SECTION 4.~~ 5. AND ~~BE IT FURTHER ENACTED,~~ ~~That, except as provided in~~
561		-	~~Section 3 4 of this Act, this Act shall take effect July 1, 2023.~~
562		-	~~WES MOORE,~~ ~~Governor~~ ~~Ch. 679~~
	527	+	(3) all reasonable charges and expenses related to Authority borrowing; 31
	528	+	and 32
	529	+	12 HOUSE BILL 458
563	530
564		-	– 13 –
565		-	Approved by the Governor, May 16, 2023.
	531	+
	532	+	(4) all reasonable charges and expenses related to the Authority’s 1
	533	+	administration of the Supplemental Public School Construction Financing Fund and 2
	534	+	management of the Authority’s obligations. 3
	535	+
	536	+	(d) The Supplemental Public School Construction Financing Fund consists of: 4
	537	+
	538	+	(1) money deposited into the Supplemental Public School Construction 5
	539	+	Financing Fund; 6
	540	+
	541	+	(2) to the extent that the proceeds are not under a trust agreement, 7
	542	+	proceeds from the sale of bonds concerning public school facilities; 8
	543	+
	544	+	(3) revenues collected or received from any source under this subtitle 9
	545	+	related to public school facility projects; 10
	546	+
	547	+	(4) any interest earnings of the Supplemental Public School Construction 11
	548	+	Financing Fund; and 12
	549	+
	550	+	(5) any additional money made available from any public source for the 13
	551	+	purposes established for the Supplemental Public School Construction Financing Fund. 14
	552	+
	553	+	(e) (1) The State Treasurer shall invest the money of the Supplemental Public 15
	554	+	School Construction Financing Fund in the same manner as other State funds. 16
	555	+
	556	+	(2) Any investment earnings shall be credited to the Supplemental Public 17
	557	+	School Construction Financing Fund. 18
	558	+
	559	+	(3) No part of the Supplemental Public School Construction Financing 19
	560	+	Fund may revert or be credited to the General Fund or any special fund of the State. 20
	561	+
	562	+	(f) The money in the Supplemental Public School Construction Financing Fund 21
	563	+	shall be used to supplement, and may not supplant, money appropriated to the Public 22
	564	+	School Construction Program established under Title 5, Subtitle 3 of the Education Article. 23
	565	+
	566	+	SECTION 3. AND BE IT FURTHER ENACTED, That notwithstanding any other 24
	567	+	provision of law, on or before June 30, 2024, the Governor may process a budget amendment 25
	568	+	to transfer from the Supplemental Public School Construction Financing Fund under § 26
	569	+	10–658 of the Economic Development Article to the Prince George’s County Public–Private 27
	570	+	Partnership Fund under § 4–126.2 of the Education Article for $25,000,000. 28
	571	+
	572	+	SECTION 3. 4. AND BE IT FURTHER ENA CTED, That Section 1 of this Act shall 29
	573	+	take effect June 30, 2026. 30
	574	+
	575	+	SECTION 4. 5. AND BE IT FURTHER ENACTED, That, except as provided in 31
	576	+	Section 3 4 of this Act, this Act shall take effect July 1, 2023. 32
	577	+