Maryland 2024 Regular Session

Maryland House Bill HB1390 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 354
21
3-– 1 –
4-Chapter 354
5-(House Bill 1390)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1390*
810
9-Public Schools – School Safety Grant Program – Extension Public School
10-Construction – Funding and Administration
11+HOUSE BILL 1390
12+F1 (4lr2277)
13+ENROLLED BILL
14+— Appropriations/Budget and Taxation —
15+Introduced by Delegate Harris
1116
12-FOR the purpose of establishing the State share for certain school construction projects that
13-meet certain criteria; repealing the provision of law that established the intent of the
14-General Assembly that a new Workgroup on the Assessment and Funding of School
15-Facilities be formed on or before a certain date; repealing certain requirements for
16-the Prince George’s County Board of Education relating to a certain public–private
17-partnership agreement; altering certain fiscal years for distributions from the Prince
18-George’s County Public–Private Partnership Fund; repealing the provision of law
19-that repeals the School Safety Grant Program on a certain date; altering the purpose
20-of the Nancy K. Kopp Public School Facilities Priority Fund in certain fiscal years;
21-decreasing the mandated appropriation to the Priority Fund; establishing the
22-Workgroup on the Assessment and Funding of School Facilities; clarifying the intent
23-of the General Assembly regarding funding for public school construction; requiring
24-the Prince George’s County Board of Education to give priority to a certain project
25-as the next major project in the capital improvement program of the Public School
26-Construction Program; and generally relating to the School Safety Grant Program
27-public school construction funding and administration.
17+Read and Examined by Proofreaders:
2818
29-BY repealing
30- Chapter 32 of the Acts of the General Assembly of 2022
31- Section 3
19+_______________________________________________
20+Proofreader.
21+_______________________________________________
22+Proofreader.
3223
33-BY adding to
34- Article – Economic Development
35- Section 10–650(c)(5)
36- Annotated Code of Maryland
37- (2018 Replacement Volume and 2023 Supplement)
24+Sealed with the Great Seal and presented to the Governor, for his approval this
3825
39-BY repealing and reenacting, with amendments,
40- Article – Education
41- Section 4–126(e)(3)(ii), 4–126.1(c) and (e), 4–126.2(f), and 5–326
42- Annotated Code of Maryland
43- (2022 Replacement Volume and 2023 Supplement)
26+_______ day of _______________ at _________________ _______ o’clock, ________M.
4427
45-BY repealing and reenacting, without amendments,
46- Article – Education
47-Section 4–126.2(a) and (b) and 5–317
48- Annotated Code of Maryland
49- (2022 Replacement Volume and 2023 Supplement) Ch. 354 2024 LAWS OF MARYLAND
28+______________________________________________
29+Speaker.
5030
51-– 2 –
31+CHAPTER ______
5232
53-BY repealing and reenacting, with amendments,
54- Chapter 32 of the Acts of the General Assembly of 2022
55- Section 4
33+AN ACT concerning 1
5634
57-BY repealing and reenacting, with amendments,
58- Chapter 679 of the Acts of the General Assembly of 2023
59-Section 1
35+Public Schools – School Safety Grant Program – Extension Public School 2
36+Construction – Funding and Administration 3
6037
61-BY repealing and reenacting, without amendments,
62- Chapter 679 of the Acts of the General Assembly of 2023
63- Section 4
38+FOR the purpose of establishing the State share for certain school construction projects that 4
39+meet certain criteria; repealing the provision of law that established the intent of the 5
40+General Assembly that a new Workgroup on the Assessment and Funding of School 6
41+Facilities be formed on or before a certain date; repealing certain requirements for 7
42+the Prince George’s County Board of Education relating to a certain public–private 8
43+partnership agreement; altering certain fiscal years for distributions from the Prince 9
44+George’s County Public–Private Partnership Fund; repealing the provision of law 10
45+that repeals the School Safety Grant Program on a certain date; altering the purpose 11
46+of the Nancy K. Kopp Public School Facilities Priority Fund in certain fiscal years; 12
47+decreasing the mandated appropriation to the Priority Fund; establishing the 13
48+Workgroup on the Assessment and Funding of School Facilities; clarifying the intent 14
49+of the General Assembly regarding funding for public school construction; requiring 15 2 HOUSE BILL 1390
6450
65- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
66-That Section 3 of Chapter 32 of the Acts of the General Assembly of 2022 be repealed.
6751
68- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
69-That SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as
70-follows:
52+the Prince George’s County Board of Education to give priority to a certain project 1
53+as the next major project in the capital improvement program of the Public School 2
54+Construction Program; and generally relating to the School Safety Grant Program 3
55+public school construction funding and administration. 4
7156
72-Article – Economic Development
57+BY repealing 5
58+ Chapter 32 of the Acts of the General Assembly of 2022 6
59+ Section 3 7
7360
74-10–650.
61+BY adding to 8
62+ Article – Economic Development 9
63+ Section 10–650(c)(5) 10
64+ Annotated Code of Maryland 11
65+ (2018 Replacement Volume and 2023 Supplement) 12
7566
76- (c) (5) THE STATE SHARE OF ELIGIB LE COSTS FOR PROJECT S SHALL BE
77-100% IF:
67+BY repealing and reenacting, with amendments, 13
68+ Article – Education 14
69+ Section 4–126(e)(3)(ii), 4–126.1(c) and (e), 4–126.2(f), and 5–326 15
70+ Annotated Code of Maryland 16
71+ (2022 Replacement Volume and 2023 Supplement) 17
7872
79- (I) THE PROJECT IS LOCAT ED IN A COUNTY FOR W HICH THE
80-STATE SHARE FOR SCHOOL CON STRUCTION PROJECTS I N FISCAL YEAR 2025 IS
81-BELOW 55% AND HAS NOT MORE THA N 60,000 FULL–TIME EQUIVALENT
82-ENROLLMENT IN FALL 2023, AS DEFINED IN § 5–201 OF THE EDUCATION ARTICLE;
73+BY repealing and reenacting, without amendments, 18
74+ Article – Education 19
75+Section 4–126.2(a) and (b) and 5–317 20
76+ Annotated Code of Maryland 21
77+ (2022 Replacement Volume and 2023 Supplement) 22
8378
84- (II) THE ALLOCATION UNDER SUBSECTION (B) OF THIS SECTION
85-IS TO BE USED FOR A PUBLIC HIGH SCHOOL T HAT HAS THE HIGHEST RATE OF
86-STUDENTS ELIGIBLE FO R FREE AND REDUCED P RICE MEALS AS COMPAR ED TO
87-OTHER PUBLIC HIGH SC HOOLS IN THE SAME CO UNTY;
79+BY repealing and reenacting, with amendments, 23
80+ Chapter 32 of the Acts of the General Assembly of 2022 24
81+ Section 4 25
8882
89- (III) THE PROJECT IS CLASS IFIED AS A MAJOR REN OVATION; AND
83+BY repealing and reenacting, with amendments, 26
84+ Chapter 679 of the Acts of the General Assembly of 2023 27
85+Section 1 28
9086
91- (IV) THE PLANNING AND DESIGN FOR THE PROJECT OCCU RS IN
92-FISCAL YEAR 2025 OR 2026.
87+BY repealing and reenacting, without amendments, 29
88+ Chapter 679 of the Acts of the General Assembly of 2023 30
89+ Section 4 31
9390
94-Article – Education
91+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 32
92+That Section 3 of Chapter 32 of the Acts of the General Assembly of 2022 be repealed. 33
9593
96-4–126. WES MOORE, Governor Ch. 354
94+ SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 34
95+That SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as 35
96+follows: 36
9797
98-– 3
98+Article Economic Development 37 HOUSE BILL 1390 3
9999
100- (e) (3) (ii) In Prince George’s County, projects that use alternative
101-financing methods under this section and receive State funding for a yearly availability
102-payment:
103100
104- 1. Do not have to comply with the requirements under
105-subparagraph (i)1 through 3 of this paragraph;
106101
107- 2. Shall comply with the requirements under subparagraph
108-(i)4 through 8 of this paragraph; and
102+10–650. 1
109103
110- 3. If the project receives State funding for a yearly
111-availability payment from the Supplemental Public School Construction Financing Fund
112-under § 10–658 of the Economic Development Article, the project shall comply with a
113-four–party memorandum of understanding entered into and signed by the Prince George’s
114-County Board, Prince George’s County, the Maryland Stadium Authority, and the
115-Interagency Commission on School Construction that:
104+ (c) (5) THE STATE SHARE OF ELIGIB LE COSTS FOR PROJECT S SHALL BE 2
105+100% IF: 3
116106
117- A. Subject to item G of this item, specifies the roles, rights,
118-terms, and responsibilities of each party with respect to school projects undertaken with a
119-private or public entity using alternative financing methods, including any amounts the
120-parties are required to deposit into the Prince George’s County Public–Private Partnership
121-Fund established under § 4–126.2 of this subtitle;
107+ (I) THE PROJECT IS LOCATED IN A COUNTY FOR WHICH THE 4
108+STATE SHARE FOR SCHOO L CONSTRUCTION PROJE CTS IN FISCAL YEAR 2025 IS 5
109+BELOW 55% AND HAS NOT MORE THA N 60,000 FULL–TIME EQUIVALENT 6
110+ENROLLMENT IN FALL 2023, AS DEFINED IN § 5–201 OF THE EDUCATION ARTICLE; 7
122111
123- B. Specifies that § 2–303(f) and Title 5, Subtitle 3 of this
124-article and regulations governing the Public School Construction Program are not
125-applicable to projects using alternative financing methods;
112+ (II) THE ALLOCAT ION UNDER SUBSECTION (B) OF THIS SECTION 8
113+IS TO BE USED FOR A PUBLIC HIGH SCHOOL T HAT HAS THE HIGHEST RATE OF 9
114+STUDENTS ELIGIBLE FO R FREE AND REDUCED P RICE MEALS AS COMPAR ED TO 10
115+OTHER PUBLIC HIGH SC HOOLS IN THE SAME CO UNTY; 11
126116
127- C. Requires the Prince George’s County Board to submit
128-projects to the Interagency Commission on School Construction for review before
129-commencement of the project;
117+ (III) THE PROJECT IS CLASS IFIED AS A MAJOR RENOVAT ION; AND 12
130118
131- D. Specifies the time frames in which the Interagency
132-Commission on School Construction shall complete its review of projects;
119+ (IV) THE PLANNING AND DES IGN FOR THE PROJECT OCCURS IN 13
120+FISCAL YEAR 2025 OR 2026. 14
133121
134- E. Requires the Prince George’s County Board to submit
135-annual reports to Prince George’s County, the Maryland Stadium Authority, and the
136-Interagency Commission on School Construction during the term of the alternative
137-financing method contract with the public or private entity;
122+Article – Education 15
138123
139- F. Specifies the terms under which each party will comply
140-with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle; [and]
124+4–126. 16
141125
142- G. Specifies the roles of the Interagency Commission on
143-School Construction, including the Interagency Commission’s rights related to:
144- Ch. 354 2024 LAWS OF MARYLAND
126+ (e) (3) (ii) In Prince George’s County, projects that use alternative 17
127+financing methods under this section and receive State funding for a yearly availability 18
128+payment: 19
145129
146-– 4 –
147- I. Approval of the Project Agreement;
130+ 1. Do not have to comply with the requirements under 20
131+subparagraph (i)1 through 3 of this paragraph; 21
148132
149- II. Approval of site–specific educational specifications;
133+ 2. Shall comply with the requirements under subparagraph 22
134+(i)4 through 8 of this paragraph; and 23
150135
151- III. Approval of final site selections; and
136+ 3. If the project receives State funding for a yearly 24
137+availability payment from the Supplemental Public School Construction Financing Fund 25
138+under § 10–658 of the Economic Development Article, the project shall comply with a 26
139+four–party memorandum of understanding entered into and signed by the Prince George’s 27
140+County Board, Prince George’s County, the Maryland Stadium Authority, and the 28
141+Interagency Commission on School Construction that: 29
152142
153- IV. The role of the governing body of the program; AND
143+ A. Subject to item G of this item, specifies the roles, rights, 30
144+terms, and responsibilities of each party with respect to school projects undertaken with a 31
145+private or public entity using alternative financing methods, including any amounts the 32 4 HOUSE BILL 1390
154146
155- H. SPECIFIES THAT THE GO VERNANCE STRUCTURE F OR
156-THE PROGRAM IS THE PRINCE GEORGE’S COUNTY SUPERINTENDENT OF SCHOOLS,
157-THE PRINCE GEORGE’S COUNTY EXECUTIVE, AND THE CHAIR OF THE PRINCE
158-GEORGE’S COUNTY COUNCIL.
159147
160-4–126.1.
148+parties are required to deposit into the Prince George’s County Public–Private Partnership 1
149+Fund established under § 4–126.2 of this subtitle; 2
161150
162- (c) (1) This section applies only if[, on or before July 1, 2024,] the Prince
163-George’s County Board enters into a public–private partnership agreement with a private
164-entity to enhance the delivery of public school construction in Prince George’s County.
151+ B. Specifies that § 2–303(f) and Title 5, Subtitle 3 of this 3
152+article and regulations governing the Public School Construction Program are not 4
153+applicable to projects using alternative financing methods; 5
165154
166- (2) (i) Subject to subparagraph (ii) of this paragraph, before entering
167-into a public–private partnership agreement under paragraph (1) of this subsection, the
168-public–private partnership agreement shall be reviewed by the Maryland Stadium
169-Authority and approved by the Interagency Commission on School Construction.
155+ C. Requires the Prince George’s County Board to submit 6
156+projects to the Interagency Commission on School Construction for review before 7
157+commencement of the project; 8
170158
171- (ii) The approval of the Interagency Commission on School
172-Construction may not be unreasonably withheld or delayed as specified in the
173-memorandum of understanding required under § 4–126 of this subtitle.
159+ D. Specifies the time frames in which the Interagency 9
160+Commission on School Construction shall complete its review of projects; 10
174161
175- (e) In fiscal year [2026] 2025 and each fiscal year thereafter through not later
176-than fiscal year 2055, if the Prince George’s County Board and the private entity remain in
177-the public–private partnership agreement described under subsection (c) of this section and
178-the Prince George’s County government [and the Prince George’s County Board deposit]
179-DEPOSITS the payment in the manner described under subsection (d)(3) of this section, the
180-Interagency Commission on School Construction shall pay the Prince George’s County
181-Board from the Prince George’s County Public–Private Partnership Fund established
182-under § 4–126.2 of this subtitle for the payment required under the public–private
183-partnership agreement.
162+ E. Requires the Prince George’s County Board to submit 11
163+annual reports to Prince George’s County, the Maryland Stadium Authority, and the 12
164+Interagency Commission on School Construction during the term of the alternative 13
165+financing method contract with the public or private entity; 14
184166
185-4–126.2.
167+ F. Specifies the terms under which each party will comply 15
168+with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle; [and] 16
186169
187- (a) In this section, “Fund” means the Prince George’s County Public–Private
188-Partnership Fund.
170+ G. Specifies the roles of the Interagency Commission on 17
171+School Construction, including the Interagency Commission’s rights related to: 18
189172
190- (b) There is a Prince George’s County Public–Private Partnership Fund.
191- WES MOORE, Governor Ch. 354
173+ I. Approval of the Project Agreement; 19
192174
193-– 5 –
194- (f) The Fund consists of:
175+ II. Approval of site–specific educational specifications; 20
195176
196- (1) Money deposited into the Fund by Prince George’s County[, the Prince
197-George’s County Board,] and the Maryland Stadium Authority;
177+ III. Approval of final site selections; and 21
198178
199- (2) Money deposited into the Fund by the State;
179+ IV. The role of the governing body of the program; AND 22
200180
201- (3) Any investment earnings of the Fund; and
181+ H. SPECIFIES THAT THE GO VERNANCE STRUCTURE F OR 23
182+THE PROGRAM IS THE PRINCE GEORGE’S COUNTY SUPERINTENDENT OF SCHOOLS, 24
183+THE PRINCE GEORGE’S COUNTY EXECUTIVE, AND THE CHAIR OF THE PRINCE 25
184+GEORGE’S COUNTY COUNCIL. 26
202185
203- (4) Any other money from any other source accepted for the benefit of the
204-Fund.
186+4–126.1. 27
205187
206-5–317.
188+ (c) (1) This section applies only if[, on or before July 1, 2024,] the Prince 28
189+George’s County Board enters into a public–private partnership agreement with a private 29
190+entity to enhance the delivery of public school construction in Prince George’s County. 30
207191
208- (a) In this section, “Program” means the School Safety Grant Program.
192+ (2) (i) Subject to subparagraph (ii) of this paragraph, before entering 31
193+into a public–private partnership agreement under paragraph (1) of this subsection, the 32 HOUSE BILL 1390 5
209194
210- (b) (1) There is a School Safety Grant Program.
211195
212- (2) The purpose of the Program is to provide grants to county boards for
213-school security improvements, including:
196+public–private partnership agreement shall be reviewed by the Maryland Stadium 1
197+Authority and approved by the Interagency Commission on School Construction. 2
214198
215- (i) Secure and lockable classroom doors for each classroom in the
216-school;
199+ (ii) The approval of the Interagency Commission on School 3
200+Construction may not be unreasonably withheld or delayed as specified in the 4
201+memorandum of understanding required under § 4–126 of this subtitle. 5
217202
218- (ii) An area of safe refuge in each classroom in the school; and
203+ (e) In fiscal year [2026] 2025 and each fiscal year thereafter through not later 6
204+than fiscal year 2055, if the Prince George’s County Board and the private entity remain in 7
205+the public–private partnership agreement described under subsection (c) of this section and 8
206+the Prince George’s County government [and the Prince George’s County Board deposit] 9
207+DEPOSITS the payment in the manner described under subsection (d)(3) of this section, the 10
208+Interagency Commission on School Construction shall pay the Prince George’s County 11
209+Board from the Prince George’s County Public–Private Partnership Fund established 12
210+under § 4–126.2 of this subtitle for the payment required under the public–private 13
211+partnership agreement. 14
219212
220- (iii) Surveillance and other security technology for school monitoring
221-purposes.
213+4–126.2. 15
222214
223- (c) The Program shall be implemented and administered by the Interagency
224-Commission, in consultation with the Maryland Center for School Safety.
215+ (a) In this section, “Fund” means the Prince George’s County Public–Private 16
216+Partnership Fund. 17
225217
226- (d) The Interagency Commission shall:
218+ (b) There is a Prince George’s County Public–Private Partnership Fund. 18
227219
228- (1) Provide grants to county boards for public school security
229-improvements;
220+ (f) The Fund consists of: 19
230221
231- (2) Develop a procedure for a county board to apply for a grant under the
232-Program; and
222+ (1) Money deposited into the Fund by Prince George’s County[, the Prince 20
223+George’s County Board,] and the Maryland Stadium Authority; 21
233224
234- (3) Develop eligibility requirements for a county board to receive a grant
235-under the Program.
225+ (2) Money deposited into the Fund by the State; 22
236226
237- (e) In addition to the annual amount otherwise provided in the capital
238-improvement program of the Public School Construction Program, the Governor shall Ch. 354 2024 LAWS OF MARYLAND
227+ (3) Any investment earnings of the Fund; and 23
239228
240-– 6 –
241-provide an additional $10,000,000 in the annual operating or capital budget bill that may
242-be used only to award grants under the Program.
229+ (4) Any other money from any other source accepted for the benefit of the 24
230+Fund. 25
243231
244- (f) The State funding provided under the Program is supplemental to and is not
245-intended to take the place of funding that would otherwise be appropriated for public school
246-construction purposes to a county board from any other source.
232+5–317. 26
247233
248- (g) The Interagency Commission shall adopt regulations necessary to implement
249-this section.
234+ (a) In this section, “Program” means the School Safety Grant Program. 27
250235
251-5–326.
236+ (b) (1) There is a School Safety Grant Program. 28
252237
253- (a) In this section, “Fund” means the Nancy K. Kopp Public School Facilities
254-Priority Fund.
238+ (2) The purpose of the Program is to provide grants to county boards for 29
239+school security improvements, including: 30
240+ 6 HOUSE BILL 1390
255241
256- (b) There is a Nancy K. Kopp Public School Facilities Priority Fund.
257242
258- (c) (1) Except as provided in paragraph (2) of this subsection, BEGINNING IN
259-FISCAL YEAR 2028, the purpose of the Fund is to provide State funds to address the facility
260-needs of the highest priority schools in the State as identified by the statewide facilities
261-assessment completed by the Interagency Commission on School Construction under §
262-5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue
263-that required the school to be closed in the current school year or the previous school year.
243+ (i) Secure and lockable classroom doors for each classroom in the 1
244+school; 2
264245
265- (2) [If] IN FISCAL YEAR 2027, OR IF the statewide facilities assessment
266-is not completed, the purpose of the Fund is to provide State funds to address the severity
267-of issues in a school, including:
246+ (ii) An area of safe refuge in each classroom in the school; and 3
268247
269- (i) Air conditioning;
248+ (iii) Surveillance and other security technology for school monitoring 4
249+purposes. 5
270250
271- (ii) Heating;
251+ (c) The Program shall be implemented and administered by the Interagency 6
252+Commission, in consultation with the Maryland Center for School Safety. 7
272253
273- (iii) Indoor air quality;
254+ (d) The Interagency Commission shall: 8
274255
275- (iv) Mold remediation;
256+ (1) Provide grants to county boards for public school security 9
257+improvements; 10
276258
277- (v) Temperature regulation;
259+ (2) Develop a procedure for a county board to apply for a grant under the 11
260+Program; and 12
278261
279- (vi) Plumbing, including the presence of lead in drinking water
280-outlets in school buildings;
262+ (3) Develop eligibility requirements for a county board to receive a grant 13
263+under the Program. 14
281264
282- (vii) Windows; and
265+ (e) In addition to the annual amount otherwise provided in the capital 15
266+improvement program of the Public School Construction Program, the Governor shall 16
267+provide an additional $10,000,000 in the annual operating or capital budget bill that may 17
268+be used only to award grants under the Program. 18
283269
284- (viii) Any additional severe issues in the school that require the school
285-to be closed.
286- WES MOORE, Governor Ch. 354
270+ (f) The State funding provided under the Program is supplemental to and is not 19
271+intended to take the place of funding that would otherwise be appropriated for public school 20
272+construction purposes to a county board from any other source. 21
287273
288-– 7 –
289- (d) The Interagency Commission on School Construction shall administer the
290-Fund.
274+ (g) The Interagency Commission shall adopt regulations necessary to implement 22
275+this section. 23
291276
292- (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
293-the State Finance and Procurement Article.
277+5–326. 24
294278
295- (2) The State Treasurer shall hold the Fund separately, and the
296-Comptroller shall account for the Fund.
279+ (a) In this section, “Fund” means the Nancy K. Kopp Public School Facilities 25
280+Priority Fund. 26
297281
298- (f) The Fund consists of:
282+ (b) There is a Nancy K. Kopp Public School Facilities Priority Fund. 27
299283
300- (1) Money appropriated in the State budget to the Fund;
284+ (c) (1) Except as provided in paragraph (2) of this subsection, BEGINNING IN 28
285+FISCAL YEAR 2028, the purpose of the Fund is to provide State funds to address the facility 29
286+needs of the highest priority schools in the State as identified by the statewide facilities 30
287+assessment completed by the Interagency Commission on School Construction under § 31
288+5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue 32
289+that required the school to be closed in the current school year or the previous school year. 33 HOUSE BILL 1390 7
301290
302- (2) Any interest earnings of the Fund; and
303291
304- (3) Any other money from any other source accepted for the benefit of the
305-Fund.
306292
307- (g) The Fund may be used only for the purpose established under subsection (c)
308-of this section.
293+ (2) [If] IN FISCAL YEAR 2027, OR IF the statewide facilities assessment 1
294+is not completed, the purpose of the Fund is to provide State funds to address the severity 2
295+of issues in a school, including: 3
309296
310- (h) (1) The State Treasurer shall invest the money of the Fund in the same
311-manner as other State money may be invested.
297+ (i) Air conditioning; 4
312298
313- (2) Any interest earnings of the Fund shall be credited to the Fund.
299+ (ii) Heating; 5
314300
315- (i) In fiscal year 2027 and each fiscal year thereafter, the Governor shall
316-appropriate in the annual State operating or capital budget bill at least [$80,000,000]
317-$70,000,000 to the Fund.
301+ (iii) Indoor air quality; 6
318302
319- (j) Expenditures from the Fund may be made only in accordance with the State
320-budget.
303+ (iv) Mold remediation; 7
321304
322- (k) Money expended from the Fund is supplemental to and is not intended to take
323-the place of funding that otherwise would be appropriated in the annual State operating or
324-capital budget bill to primary and secondary schools under this article.
305+ (v) Temperature regulation; 8
325306
326-Chapter 32 of the Acts of 2022
307+ (vi) Plumbing, including the presence of lead in drinking water 9
308+outlets in school buildings; 10
327309
328- SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General
329-Assembly that:
310+ (vii) Windows; and 11
330311
331- (1) beginning in fiscal year 2023, within the current debt affordability
332-guidelines, the State should provide at least $450,000,000 each year for public school
333-construction in order to maintain a relatively stable number of funded projects in the
334-Capital Improvement Program; and Ch. 354 2024 LAWS OF MARYLAND
312+ (viii) Any additional severe issues in the school that require the school 12
313+to be closed. 13
335314
336-– 8 –
315+ (d) The Interagency Commission on School Construction shall administer the 14
316+Fund. 15
337317
338- (2) the annual goal established under item (1) of this section:
318+ (e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of 16
319+the State Finance and Procurement Article. 17
339320
340- (I) should be recalculated prior to the Public School Facilities
341-Priority Fund being funded; AND
321+ (2) The State Treasurer shall hold the Fund separately, and the 18
322+Comptroller shall account for the Fund. 19
342323
343- (II) DOES NOT INCLUDE FUN DING PROVIDED FOR PU BLIC
344-SCHOOL CONSTRUCTION THROUGH THE BUILT TO LEARN PROGRAM.
324+ (f) The Fund consists of: 20
345325
346-Chapter 679 of the Acts of 2023
326+ (1) Money appropriated in the State budget to the Fund; 21
347327
348- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
349-That Section(s) [5–317 and] 5–324 of Article – Education of the Annotated Code of
350-Maryland be repealed.
328+ (2) Any interest earnings of the Fund; and 22
351329
352- SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
353-effect June 30, 2026.
330+ (3) Any other money from any other source accepted for the benefit of the 23
331+Fund. 24
354332
355- SECTION 3. AND BE IT FURTHER ENACTED, That:
333+ (g) The Fund may be used only for the purpose established under subsection (c) 25
334+of this section. 26
356335
357- (a) There is a Workgroup on the Assessment and Funding of School Facilities.
336+ (h) (1) The State Treasurer shall invest the money of the Fund in the same 27
337+manner as other State money may be invested. 28
338+ 8 HOUSE BILL 1390
358339
359- (b) The Workgroup consists of the following members:
360340
361- (1) two members of the Senate of Maryland, appointed by the President of
362-the Senate;
341+ (2) Any interest earnings of the Fund shall be credited to the Fund. 1
363342
364- (2) two members of the House of Delegates, appointed by the Speaker of
365-the House;
343+ (i) In fiscal year 2027 and each fiscal year thereafter, the Governor shall 2
344+appropriate in the annual State operating or capital budget bill at least [$80,000,000] 3
345+$70,000,000 to the Fund. 4
366346
367- (3) the State Superintendent of Schools, or the State Superintendent of
368-Schools’ designee;
347+ (j) Expenditures from the Fund may be made only in accordance with the State 5
348+budget. 6
369349
370- (4) the State Treasurer, or the State Treasurer’s designee;
350+ (k) Money expended from the Fund is supplemental to and is not intended to take 7
351+the place of funding that otherwise would be appropriated in the annual State operating or 8
352+capital budget bill to primary and secondary schools under this article. 9
371353
372- (5) the Chair of the Interagency Commission on School Construction, or the
373-Chair’s designee;
354+Chapter 32 of the Acts of 2022 10
374355
375- (6) the Secretary of Budget and Management, or the Secretary’s designee;
356+ SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General 11
357+Assembly that: 12
376358
377- (7) one member who represents the trades, appointed by the Maryland State
378-and DC AFL–CIO; and
359+ (1) beginning in fiscal year 2023, within the current debt affordability 13
360+guidelines, the State should provide at least $450,000,000 each year for public school 14
361+construction in order to maintain a relatively stable number of funded projects in the 15
362+Capital Improvement Program; and 16
379363
380- (7) (8) the Secretary of General Services, or the Secretary’s designee.
381- WES MOORE, Governor Ch. 354
364+ (2) the annual goal established under item (1) of this section: 17
382365
383-– 9 –
384- (c) The President of the Senate and the Speaker of the House jointly shall appoint
385-the chair of the Workgroup.
366+ (I) should be recalculated prior to the Public School Facilities 18
367+Priority Fund being funded; AND 19
386368
387- (d) The Department of Legislative Services, in consultation with the Interagency
388-Commission on School Construction, shall provide staff for the Workgroup.
369+ (II) DOES NOT INCLUDE FUN DING PROVIDED FOR PU BLIC 20
370+SCHOOL CONSTRUCTION THROUGH THE BUILT TO LEARN PROGRAM. 21
389371
390- (e) A member of the Workgroup:
372+Chapter 679 of the Acts of 2023 22
391373
392- (1) may not receive compensation as a member of the Workgroup; but
374+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMB LY OF MARYLAND, 23
375+That Section(s) [5–317 and] 5–324 of Article – Education of the Annotated Code of 24
376+Maryland be repealed. 25
393377
394- (2) is entitled to reimbursement for expenses under the Standard State
395-Travel Regulations, as provided in the State budget.
378+ SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 26
379+effect June 30, 2026. 27
396380
397- (f) On or after June 1, 2025, the Workgroup shall:
381+ SECTION 3. AND BE IT FURTHER ENACTED, That: 28
398382
399- (1) consider how the relative condition of public school facilities within the
400-educational facilities sufficiency standards and the facility condition index should be
401-prioritized, taking into account local priorities and in consultation with local jurisdictions,
402-including whether the prioritization should be by category and by local jurisdiction or
403-statewide;
383+ (a) There is a Workgroup on the Assessment and Funding of School Facilities. 29
404384
405- (2) determine whether the results should be incorporated into school
406-construction funding decisions; and
385+ (b) The Workgroup consists of the following members: 30
386+ HOUSE BILL 1390 9
407387
408- (3) if the Workgroup determines that the assessment results should be
409-incorporated into school construction funding decisions, determine how the assessment
410-results should be incorporated into school construction funding.
411388
412- (g) On or before January 1, 2026, the Workgroup shall report its findings and
413-recommendations to the Governor and, in accordance with § 2 –1257 of the State
414-Government Article, the General Assembly.
389+ (1) two members of the Senate of Maryland, appointed by the President of 1
390+the Senate; 2
415391
416- SECTION 4. AND BE IT FURTHER ENACTED, That the Prince George’s County
417-Board of Education shall give priority to High Point High School as the next major project
418-as a priority in the capital improvement program of the Public School Construction
419-Program after New Northern Adelphi Area High School.
392+ (2) two members of the House of Delegates, appointed by the Speaker of 3
393+the House; 4
420394
421- SECTION 5. AND BE IT FURTHER ENACTED, That the Interagency Commission
422-on School Construction, on or before December 15, 2024, shall report to the General
423-Assembly, in accordance with § 2–1257 of the State Government Article, on the eligibility for
424-school construction funding for artificial intelligence weapon detection systems.
395+ (3) the State Superintendent of Schools, or the State Superintendent of 5
396+Schools’ designee; 6
425397
426- SECTION 2. 5. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect
427-July June 1, 2024.
398+ (4) the State Treasurer, or the State Treasurer’s designee; 7
428399
429-Approved by the Governor, April 25, 2024.
400+ (5) the Chair of the Interagency Commission on School Construction, or the 8
401+Chair’s designee; 9
402+
403+ (6) the Secretary of Budget and Management, or the Secretary’s designee; 10
404+
405+ (7) one member who represents the trades, appointed by the Maryland State 11
406+and DC AFL–CIO; and 12
407+
408+ (7) (8) the Secretary of General Services, or the Secretary’s designee. 13
409+
410+ (c) The President of the Senate and the Speaker of the House jointly shall appoint 14
411+the chair of the Workgroup. 15
412+
413+ (d) The Department of Legislative Services, in consultation with the Interagency 16
414+Commission on School Construction, shall provide staff for the Workgroup. 17
415+
416+ (e) A member of the Workgroup: 18
417+
418+ (1) may not receive compensation as a member of the Workgroup; but 19
419+
420+ (2) is entitled to reimbursement for expenses under the Standard State 20
421+Travel Regulations, as provided in the State budget. 21
422+
423+ (f) On or after June 1, 2025, the Workgroup shall: 22
424+
425+ (1) consider how the relative condition of public school facilities within the 23
426+educational facilities sufficiency standards and the facility condition index should be 24
427+prioritized, taking into account local priorities and in consultation with local jurisdictions, 25
428+including whether the prioritization should be by category and by local jurisdiction or 26
429+statewide; 27
430+
431+ (2) determine whether the results should be incorporated into school 28
432+construction funding decisions; and 29
433+ 10 HOUSE BILL 1390
434+
435+
436+ (3) if the Workgroup determines that the assessment results should be 1
437+incorporated into school construction funding decisions, determine how the assessment 2
438+results should be incorporated into school construction funding. 3
439+
440+ (g) On or before January 1, 2026, the Workgroup shall report its findings and 4
441+recommendations to the Governor and, in accordance with § 2 –1257 of the State 5
442+Government Article, the General Assembly. 6
443+
444+ SECTION 4. AND BE IT FURTHER ENACTED, That the Prince George’s County 7
445+Board of Education shall give priority to High Point High School as the next major project 8
446+as a priority in the capital improvement program of the Public School Construction 9
447+Program after New Northern Adelphi Area High School. 10
448+
449+ SECTION 5. AND BE IT FURTHER ENACTED, That the Interagency Commission 11
450+on School Construction, on or before December 15, 2024, shall report to the General 12
451+Assembly, in accordance with § 2–1257 of the State Government Article, on the eligibility for 13
452+school construction funding for artificial intelligence weapon detection systems. 14
453+
454+ SECTION 2. 5. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 15
455+July June 1, 2024. 16
456+
457+
458+
459+
460+Approved:
461+________________________________________________________________________________
462+ Governor.
463+________________________________________________________________________________
464+ Speaker of the House of Delegates.
465+________________________________________________________________________________
466+ President of the Senate.