| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 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 | 5 | *sb0360* | |
| 9 | 6 | ||
| 10 | 7 | SENATE BILL 360 | |
| 11 | 8 | F1 3lr1615 | |
| 12 | 9 | CF HB 458 | |
| 13 | 10 | By: Senator Guzzone | |
| 14 | 11 | Introduced and read first time: January 30, 2023 | |
| 15 | 12 | Assigned to: Budget and Taxation | |
| 16 | - | Committee Report: Favorable with amendments | |
| 17 | - | Senate action: Adopted | |
| 18 | - | Read second time: March 11, 2023 | |
| 19 | 13 | ||
| 20 | - | ||
| 14 | + | A BILL ENTITLED | |
| 21 | 15 | ||
| 22 | 16 | AN ACT concerning 1 | |
| 23 | 17 | ||
| 24 | 18 | Public School Construction – Grant Programs, Approvals, and Administration – 2 | |
| 25 | 19 | Alterations 3 | |
| 26 | 20 | ||
| 27 | 21 | FOR the purpose of repealing the School Safety Grant Program and the Aging Schools 4 | |
| 28 | 22 | Program as of a certain date; altering provisions relating to school construction 5 | |
| 29 | 23 | approvals by the State Superintendent of Schools; establishing the Interagency 6 | |
| 30 | 24 | Commission on School Construction as an independent unit of State government; 7 | |
| 31 | 25 | providing a removal process for members of the Interagency Commission on School 8 | |
| 32 | 26 | Construction; repealing the requirement for the Board of Public Works to approve 9 | |
| 33 | 27 | grants awarded under the Capital Grant Program for Local School Systems With 10 | |
| 34 | 28 | Significant Enrollment Growth or Relocatable Clas srooms; requiring the 11 | |
| 35 | 29 | Department of General Services to develop life cycle cost analysis standards in 12 | |
| 36 | 30 | coordination with the Interagency Commission on School Construction and the State 13 | |
| 37 | 31 | Department of Education; and generally relating to public school construction grant 14 | |
| 38 | 32 | programs, approvals, and administration. 15 | |
| 39 | 33 | ||
| 40 | 34 | BY repealing 16 | |
| 41 | 35 | Article – Education 17 | |
| 42 | 36 | Section 5–317 and 5–324 18 | |
| 43 | 37 | Annotated Code of Maryland 19 | |
| 44 | 38 | (2022 Replacement Volume) 20 | |
| 45 | 39 | ||
| 46 | 40 | BY repealing and reenacting, with amendments, 21 | |
| 47 | - | Article – Education 22 2 SENATE BILL 360 | |
| 41 | + | Article – Education 22 | |
| 42 | + | Section 2–303(f), 4–115(b), (c)(1)(i), (2), and (3), 5–302(b) and (f), 5–313(c), and 23 | |
| 43 | + | 5–327(d) 24 | |
| 44 | + | Annotated Code of Maryland 25 | |
| 45 | + | (2022 Replacement Volume) 26 | |
| 46 | + | ||
| 47 | + | BY repealing and reenacting, without amendments, 27 | |
| 48 | + | Article – Education 28 2 SENATE BILL 360 | |
| 48 | 49 | ||
| 49 | 50 | ||
| 50 | - | Section 2–303(f), 4–115(b), (c)(1)(i), (2), and (3), 5–302(b) and (f), 5–313(c), and 1 | |
| 51 | - | 5–327(d) 2 | |
| 52 | - | Annotated Code of Maryland 3 | |
| 53 | - | (2022 Replacement Volume) 4 | |
| 51 | + | Section 4–115(a) and 5–302(a) and (c) through (e) 1 | |
| 52 | + | Annotated Code of Maryland 2 | |
| 53 | + | (2022 Replacement Volume) 3 | |
| 54 | 54 | ||
| 55 | - | BY repealing and reenacting, without amendments, 5 | |
| 56 | - | Article – Education 6 | |
| 57 | - | Section 4–115(a) and 5–302(a) and (c) through (e) 7 | |
| 58 | - | Annotated Code of Maryland 8 | |
| 59 | - | (2022 Replacement Volume) 9 | |
| 55 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND , 4 | |
| 56 | + | That Section(s) 5–317 and 5–324 of Article – Education of the Annotated Code of Maryland 5 | |
| 57 | + | be repealed. 6 | |
| 60 | 58 | ||
| 61 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10 | |
| 62 | - | That Section(s) 5–317 and 5–324 of Article – Education of the Annotated Code of Maryland 11 | |
| 63 | - | be repealed. 12 | |
| 59 | + | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 7 | |
| 60 | + | as follows: 8 | |
| 64 | 61 | ||
| 65 | - | SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 13 | |
| 66 | - | as follows: 14 | |
| 62 | + | Article – Education 9 | |
| 67 | 63 | ||
| 68 | - | ||
| 64 | + | 2–303. 10 | |
| 69 | 65 | ||
| 70 | - | 2–303. 16 | |
| 66 | + | (f) (1) Subject to the bylaws, rules, and regulations of the State Board, and 11 | |
| 67 | + | except as provided in paragraph (5) of this subsection, the State Superintendent, OR THE 12 | |
| 68 | + | STATE SUPERINTENDENT ’S DESIGNEE, shall approve or disapprove each: 13 | |
| 71 | 69 | ||
| 72 | - | (f) (1) Subject to the bylaws, rules, and regulations of the State Board, and 17 | |
| 73 | - | except as provided in paragraph (5) of this subsection, the State Superintendent, OR THE 18 | |
| 74 | - | STATE SUPERINTENDENT ’S DESIGNEE, shall approve or disapprove each: 19 | |
| 70 | + | (i) Proposal for the purchase or sale of any ground, school site, or 14 | |
| 71 | + | building; 15 | |
| 75 | 72 | ||
| 76 | - | ( | |
| 77 | - | ||
| 73 | + | (ii) Plan or specification for the remodeling of a school building if the 16 | |
| 74 | + | remodeling costs more than [$350,000] $500,000; 17 | |
| 78 | 75 | ||
| 79 | - | ( | |
| 80 | - | ||
| 76 | + | (iii) Plan or specification for the construction of a new school building; 18 | |
| 77 | + | and 19 | |
| 81 | 78 | ||
| 82 | - | ( | |
| 83 | - | ||
| 79 | + | (iv) Change order that costs more than [$25,000] $50,000 for the 20 | |
| 80 | + | remodeling, restoration, or construction of a school building. 21 | |
| 84 | 81 | ||
| 85 | - | (iv) Change order that costs more than [$25,000] $50,000 for the 26 | |
| 86 | - | remodeling, restoration, or construction of a school building. 27 | |
| 82 | + | (2) If the State Superintendent, OR THE STATE SUPERINTENDENT ’S 22 | |
| 83 | + | DESIGNEE, disapproves any plan, specification, proposal, or change order, [he] THE 23 | |
| 84 | + | STATE SUPERINTENDENT , OR THE STATE SUPERINTENDENT ’S DESIGNEE, shall state 24 | |
| 85 | + | in writing the reasons for [his] THE disapproval. 25 | |
| 87 | 86 | ||
| 88 | - | (2) If the State Superintendent, OR THE STATE SUPERINTENDENT ’S 28 | |
| 89 | - | DESIGNEE, disapproves any plan, specification, proposal, or change order, [he] THE 29 | |
| 90 | - | STATE SUPERINTENDENT , OR THE STATE SUPERINTENDENT ’S DESIGNEE, shall state 30 | |
| 91 | - | in writing the reasons for [his] THE disapproval. 31 | |
| 87 | + | (3) If the construction is to be done by a county board, the board may not 26 | |
| 88 | + | begin until the plans and specifications are approved in writing by the State 27 | |
| 89 | + | Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE. 28 | |
| 92 | 90 | ||
| 93 | - | (3) If the construction is to be done by a county board, the board may not 32 | |
| 94 | - | begin until the plans and specifications are approved in writing by the State 33 | |
| 95 | - | Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE. 34 SENATE BILL 360 3 | |
| 91 | + | (4) If the construction is to be done by contract, the contract is invalid 29 | |
| 92 | + | without the written approval of the State Superintendent , OR THE STATE 30 | |
| 93 | + | SUPERINTENDENT ’S DESIGNEE. 31 | |
| 94 | + | ||
| 95 | + | (5) For the purchase of any ground or school site under paragraph (1) of 32 | |
| 96 | + | this subsection, the county board shall submit the purchase to the State Superintendent, 33 SENATE BILL 360 3 | |
| 96 | 97 | ||
| 97 | 98 | ||
| 99 | + | OR THE STATE SUPERINTENDENT ’S DESIGNEE, for approval or disapproval not more 1 | |
| 100 | + | than 3 years before the project is submitted to the Interagency Commission on School 2 | |
| 101 | + | Construction for local planning approval. 3 | |
| 98 | 102 | ||
| 99 | - | (4) If the construction is to be done by contract, the contract is invalid 1 | |
| 100 | - | without the written approval of the State Superintendent , OR THE STATE 2 | |
| 101 | - | SUPERINTENDENT ’S DESIGNEE. 3 | |
| 103 | + | 4–115. 4 | |
| 102 | 104 | ||
| 103 | - | (5) For the purchase of any ground or school site under paragraph (1) of 4 | |
| 104 | - | this subsection, the county board shall submit the purchase to the State Superintendent, 5 | |
| 105 | - | OR THE STATE SUPERINTENDENT ’S DESIGNEE, for approval or disapproval not more 6 | |
| 106 | - | than 3 years before the project is submitted to the Interagency Commission on School 7 | |
| 107 | - | Construction for local planning approval. 8 | |
| 105 | + | (a) In this subtitle, “county council” means, in Baltimore City, the Mayor and City 5 | |
| 106 | + | Council of Baltimore. 6 | |
| 108 | 107 | ||
| 109 | - | 4–115. 9 | |
| 108 | + | (b) With the approval of the State Superintendent, OR THE STATE 7 | |
| 109 | + | SUPERINTENDENT ’S DESIGNEE, each county board may: 8 | |
| 110 | 110 | ||
| 111 | - | (a) In this subtitle, “county council” means, in Baltimore City, the Mayor and City 10 | |
| 112 | - | Council of Baltimore. 11 | |
| 111 | + | (1) Buy or otherwise acquire land, school sites, or buildings; and 9 | |
| 113 | 112 | ||
| 114 | - | ( | |
| 115 | - | ||
| 113 | + | (2) Rent, repair, improve, and build school buildings or approve contracts 10 | |
| 114 | + | for doing so, if the plans conform to the bylaws, rules, and regulations of the State Board. 11 | |
| 116 | 115 | ||
| 117 | - | (1) Buy or otherwise acquire land, school sites, or buildings; and 14 | |
| 116 | + | (c) (1) (i) Except as provided in this subsection, if, with the approval of the 12 | |
| 117 | + | State Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE, a county board 13 | |
| 118 | + | finds that any land, school site, or building no longer is needed for school purposes, it shall 14 | |
| 119 | + | inform the county commissioners or county council of the county board’s determination 15 | |
| 120 | + | under this subparagraph. 16 | |
| 118 | 121 | ||
| 119 | - | (2) Rent, repair, improve, and build school buildings or approve contracts 15 | |
| 120 | - | for doing so, if the plans conform to the bylaws, rules, and regulations of the State Board. 16 | |
| 122 | + | (2) In Harford County, if, with the approval of the State Superintendent, 17 | |
| 123 | + | OR THE STATE SUPERINTENDENT ’S DESIGNEE, the county board finds that any land, 18 | |
| 124 | + | school site, or building is no longer needed for school purposes, it shall be transferred by 19 | |
| 125 | + | the county board to Harford County, Maryland, and disposed of in accordance with this 20 | |
| 126 | + | section. 21 | |
| 121 | 127 | ||
| 122 | - | (c) (1) (i) Except as provided in this subsection, if, with the approval of the 17 | |
| 123 | - | State Superintendent, OR THE STATE SUPERINTENDENT ’S DESIGNEE, a county board 18 | |
| 124 | - | finds that any land, school site, or building no longer is needed for school purposes, it shall 19 | |
| 125 | - | inform the county commissioners or county council of the county board’s determination 20 | |
| 126 | - | under this subparagraph. 21 | |
| 128 | + | (3) With the approval of the State Superintendent, OR THE STATE 22 | |
| 129 | + | SUPERINTENDENT’S DESIGNEE, the Cecil County Board may transfer, with or without 23 | |
| 130 | + | charge, any of its property to the board of trustees of a public community college. 24 | |
| 127 | 131 | ||
| 128 | - | (2) In Harford County, if, with the approval of the State Superintendent, 22 | |
| 129 | - | OR THE STATE SUPERINTENDENT ’S DESIGNEE, the county board finds that any land, 23 | |
| 130 | - | school site, or building is no longer needed for school purposes, it shall be transferred by 24 | |
| 131 | - | the county board to Harford County, Maryland, and disposed of in accordance with this 25 | |
| 132 | - | section. 26 | |
| 132 | + | 5–302. 25 | |
| 133 | 133 | ||
| 134 | - | (3) With the approval of the State Superintendent, OR THE STATE 27 | |
| 135 | - | SUPERINTENDENT ’S DESIGNEE, the Cecil County Board may transfer, with or without 28 | |
| 136 | - | charge, any of its property to the board of trustees of a public community college. 29 | |
| 134 | + | (a) There is an Interagency Commission on School Construction. 26 | |
| 137 | 135 | ||
| 138 | - | 5–302. 30 | |
| 136 | + | (b) The Interagency Commission is an independent [commission that functions 27 | |
| 137 | + | within the Department] UNIT OF STATE GOVERNMENT . 28 | |
| 139 | 138 | ||
| 140 | - | (a) There is an Interagency Commission on School Construction. 31 | |
| 139 | + | (c) The purpose of the Interagency Commission is to develop and approve policies, 29 | |
| 140 | + | procedures, guidelines, and regulations on State school construction allocations to local 30 | |
| 141 | + | jurisdictions in an independent and merit–based manner. 31 | |
| 141 | 142 | ||
| 142 | - | ( | |
| 143 | - | ||
| 143 | + | (d) The Interagency Commission consists of the following members: 32 | |
| 144 | + | 4 SENATE BILL 360 | |
| 144 | 145 | ||
| 145 | 146 | ||
| 147 | + | (1) The State Superintendent of Schools, or the Superintendent’s designee; 1 | |
| 146 | 148 | ||
| 147 | - | (c) The purpose of the Interagency Commission is to develop and approve policies, 1 | |
| 148 | - | procedures, guidelines, and regulations on State school construction allocations to local 2 | |
| 149 | - | jurisdictions in an independent and merit–based manner. 3 | |
| 149 | + | (2) The Secretary of Planning, or the Secretary’s designee; 2 | |
| 150 | 150 | ||
| 151 | - | ( | |
| 151 | + | (3) The Secretary of General Services, or the Secretary’s designee; 3 | |
| 152 | 152 | ||
| 153 | - | ( | |
| 153 | + | (4) Two members of the public appointed by the Governor; 4 | |
| 154 | 154 | ||
| 155 | - | (2) The Secretary of Planning, or the Secretary’s designee; 6 | |
| 155 | + | (5) Two members of the public appointed by the President of the Senate; 5 | |
| 156 | + | and 6 | |
| 156 | 157 | ||
| 157 | - | ( | |
| 158 | + | (6) Two members of the public appointed by the Speaker of the House. 7 | |
| 158 | 159 | ||
| 159 | - | (4) Two members of the public appointed by the Governor; 8 | |
| 160 | + | (e) The Governor, President of the Senate, and Speaker of the House jointly shall 8 | |
| 161 | + | select the Chair of the Interagency Commission. 9 | |
| 160 | 162 | ||
| 161 | - | (5) Two members of the public appointed by the President of the Senate; 9 | |
| 162 | - | and 10 | |
| 163 | + | (f) (1) An appointed member of the Interagency Commission may not be: 10 | |
| 163 | 164 | ||
| 164 | - | (6) Two members of the public appointed by the Speaker of the House. 11 | |
| 165 | + | [(1)] (I) An individual who is a regulated lobbyist as described in § 11 | |
| 166 | + | 5–702(a)(1), (2), (3), or (4) of the General Provisions Article; 12 | |
| 165 | 167 | ||
| 166 | - | (e) The Governor, President of the Senate, and Speaker of the House jointly shall 12 | |
| 167 | - | select the Chair of the Interagency Commission. 13 | |
| 168 | + | [(2)] (II) A federal, State, or local elected official; 13 | |
| 168 | 169 | ||
| 169 | - | (f) (1) An appointed member of the Interagency Commission may not be: 14 | |
| 170 | + | [(3)] (III) An employee of State or county government or a county board of 14 | |
| 171 | + | education; or 15 | |
| 170 | 172 | ||
| 171 | - | [( | |
| 172 | - | ||
| 173 | + | [(4)] (IV) An individual who has a business interest in, or contracts related 16 | |
| 174 | + | to, school construction in any jurisdiction in the State. 17 | |
| 173 | 175 | ||
| 174 | - | [(2)] (II) A federal, State, or local elected official; 17 | |
| 176 | + | (2) AN APPOINTED MEMBER O F THE INTERAGENCY COMMISSION 18 | |
| 177 | + | MAY BE REMOVED FOR INCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M 19 | |
| 178 | + | THE DUTIES OF THE POSITIO N BY: 20 | |
| 175 | 179 | ||
| 176 | - | [(3)] (III) An employee of State or county government or a county board of 18 | |
| 177 | - | education; or 19 | |
| 180 | + | (I) THE GOVERNOR, IF APPOINTED BY THE GOVERNOR; 21 | |
| 178 | 181 | ||
| 179 | - | ||
| 180 | - | ||
| 182 | + | (II) THE PRESIDENT OF THE SENATE, IF APPOINTED BY THE 22 | |
| 183 | + | PRESIDENT OF THE SENATE; OR 23 | |
| 181 | 184 | ||
| 182 | - | (2) AN APPOINTED MEMBER O F THE INTERAGENCY COMMISSION 22 | |
| 183 | - | MAY BE REMOVED FOR I NCOMPETENCE , MISCONDUCT , OR FAILURE TO PERFOR M 23 | |
| 184 | - | THE DUTIES OF THE PO SITION BY: 24 | |
| 185 | + | (III) THE SPEAKER OF THE HOUSE, IF APPOINTED BY THE 24 | |
| 186 | + | SPEAKER OF THE HOUSE. 25 | |
| 185 | 187 | ||
| 186 | - | ||
| 188 | + | 5–313. 26 | |
| 187 | 189 | ||
| 188 | - | ( | |
| 189 | - | ||
| 190 | + | (c) (1) The Program shall be implemented and administered by the 27 | |
| 191 | + | Interagency Commission on School Construction in accordance with this section. 28 | |
| 190 | 192 | SENATE BILL 360 5 | |
| 191 | 193 | ||
| 192 | 194 | ||
| 193 | - | (III) THE SPEAKER OF THE HOUSE, IF APPOINTED BY THE 1 | |
| 194 | - | SPEAKER OF THE HOUSE. 2 | |
| 195 | + | (2) Grants awarded by the Interagency Commission under the Program[: 1 | |
| 195 | 196 | ||
| 196 | - | 5–313. 3 | |
| 197 | + | (i) Shall] SHALL be matched by local funds equal to the required 2 | |
| 198 | + | local cost–share established in accordance with § 5–303(d)(3) of this subtitle[; and 3 | |
| 197 | 199 | ||
| 198 | - | (c) (1) The Program shall be implemented and administered by the 4 | |
| 199 | - | Interagency Commission on School Construction in accordance with this section. 5 | |
| 200 | + | (ii) Shall be approved by the Board of Public Works]. 4 | |
| 200 | 201 | ||
| 201 | - | ||
| 202 | + | 5–327. 5 | |
| 202 | 203 | ||
| 203 | - | ( | |
| 204 | - | ||
| 204 | + | (d) The Interagency Commission, in coordination with the Department AND THE 6 | |
| 205 | + | DEPARTMENT OF GENERAL SERVICES, shall develop life cycle cost analysis standards. 7 | |
| 205 | 206 | ||
| 206 | - | (ii) Shall be approved by the Board of Public Works]. 9 | |
| 207 | + | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 8 | |
| 208 | + | effect June 30, 2026. 9 | |
| 207 | 209 | ||
| 208 | - | 5–327. 10 | |
| 209 | - | ||
| 210 | - | (d) The Interagency Commission, in coordination with the Department AND THE 11 | |
| 211 | - | DEPARTMENT OF GENERAL SERVICES, shall develop life cycle cost analysis standards. 12 | |
| 212 | - | ||
| 213 | - | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 13 | |
| 214 | - | effect June 30, 2026. 14 | |
| 215 | - | ||
| 216 | - | SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 15 | |
| 217 | - | 3 of this Act, this Act shall take effect July 1, 2023. 16 | |
| 218 | - | ||
| 219 | - | ||
| 220 | - | ||
| 221 | - | ||
| 222 | - | Approved: | |
| 223 | - | ________________________________________________________________________________ | |
| 224 | - | Governor. | |
| 225 | - | ________________________________________________________________________________ | |
| 226 | - | President of the Senate. | |
| 227 | - | ________________________________________________________________________________ | |
| 228 | - | Speaker of the House of Delegates. | |
| 210 | + | SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 10 | |
| 211 | + | 3 of this Act, this Act shall take effect July 1, 2023. 11 |