WES MOORE, Governor Ch. 354
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Chapter 354
(House Bill 1390)
AN ACT concerning
Public Schools – School Safety Grant Program – Extension Public School
Construction – Funding and Administration
FOR the purpose of establishing the State share for certain school construction projects that
meet certain criteria; repealing the provision of law that established the intent of the
General Assembly that a new Workgroup on the Assessment and Funding of School
Facilities be formed on or before a certain date; repealing certain requirements for
the Prince George’s County Board of Education relating to a certain public–private
partnership agreement; altering certain fiscal years for distributions from the Prince
George’s County Public–Private Partnership Fund; repealing the provision of law
that repeals the School Safety Grant Program on a certain date; altering the purpose
of the Nancy K. Kopp Public School Facilities Priority Fund in certain fiscal years;
decreasing the mandated appropriation to the Priority Fund; establishing the
Workgroup on the Assessment and Funding of School Facilities; clarifying the intent
of the General Assembly regarding funding for public school construction; requiring
the Prince George’s County Board of Education to give priority to a certain project
as the next major project in the capital improvement program of the Public School
Construction Program; and generally relating to the School Safety Grant Program
public school construction funding and administration.
BY repealing
Chapter 32 of the Acts of the General Assembly of 2022
Section 3
BY adding to
Article – Economic Development
Section 10–650(c)(5)
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Education
Section 4–126(e)(3)(ii), 4–126.1(c) and (e), 4–126.2(f), and 5–326
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, without amendments,
Article – Education
Section 4–126.2(a) and (b) and 5–317
Annotated Code of Maryland
(2022 Replacement Volume and 2023 Supplement) Ch. 354 2024 LAWS OF MARYLAND
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BY repealing and reenacting, with amendments,
Chapter 32 of the Acts of the General Assembly of 2022
Section 4
BY repealing and reenacting, with amendments,
Chapter 679 of the Acts of the General Assembly of 2023
Section 1
BY repealing and reenacting, without amendments,
Chapter 679 of the Acts of the General Assembly of 2023
Section 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section 3 of Chapter 32 of the Acts of the General Assembly of 2022 be repealed.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read as
follows:
Article – Economic Development
10–650.
(c) (5) THE STATE SHARE OF ELIGIB LE COSTS FOR PROJECT S SHALL BE
100% IF:
(I) THE PROJECT IS LOCAT ED IN A COUNTY FOR W HICH THE
STATE SHARE FOR SCHOOL CON STRUCTION PROJECTS I N FISCAL YEAR 2025 IS
BELOW 55% AND HAS NOT MORE THA N 60,000 FULL–TIME EQUIVALENT
ENROLLMENT IN FALL 2023, AS DEFINED IN § 5–201 OF THE EDUCATION ARTICLE;
(II) THE ALLOCATION UNDER SUBSECTION (B) OF THIS SECTION
IS TO BE USED FOR A PUBLIC HIGH SCHOOL T HAT HAS THE HIGHEST RATE OF
STUDENTS ELIGIBLE FO R FREE AND REDUCED P RICE MEALS AS COMPAR ED TO
OTHER PUBLIC HIGH SC HOOLS IN THE SAME CO UNTY;
(III) THE PROJECT IS CLASS IFIED AS A MAJOR REN OVATION; AND
(IV) THE PLANNING AND DESIGN FOR THE PROJECT OCCU RS IN
FISCAL YEAR 2025 OR 2026.
Article – Education
4–126. WES MOORE, Governor Ch. 354
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(e) (3) (ii) In Prince George’s County, projects that use alternative
financing methods under this section and receive State funding for a yearly availability
payment:
1. Do not have to comply with the requirements under
subparagraph (i)1 through 3 of this paragraph;
2. Shall comply with the requirements under subparagraph
(i)4 through 8 of this paragraph; and
3. If the project receives State funding for a yearly
availability payment from the Supplemental Public School Construction Financing Fund
under § 10–658 of the Economic Development Article, the project shall comply with a
four–party memorandum of understanding entered into and signed by the Prince George’s
County Board, Prince George’s County, the Maryland Stadium Authority, and the
Interagency Commission on School Construction that:
A. Subject to item G of this item, specifies the roles, rights,
terms, and responsibilities of each party with respect to school projects undertaken with a
private or public entity using alternative financing methods, including any amounts the
parties are required to deposit into the Prince George’s County Public–Private Partnership
Fund established under § 4–126.2 of this subtitle;
B. Specifies that § 2–303(f) and Title 5, Subtitle 3 of this
article and regulations governing the Public School Construction Program are not
applicable to projects using alternative financing methods;
C. Requires the Prince George’s County Board to submit
projects to the Interagency Commission on School Construction for review before
commencement of the project;
D. Specifies the time frames in which the Interagency
Commission on School Construction shall complete its review of projects;
E. Requires the Prince George’s County Board to submit
annual reports to Prince George’s County, the Maryland Stadium Authority, and the
Interagency Commission on School Construction during the term of the alternative
financing method contract with the public or private entity;
F. Specifies the terms under which each party will comply
with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle; [and]
G. Specifies the roles of the Interagency Commission on
School Construction, including the Interagency Commission’s rights related to:
Ch. 354 2024 LAWS OF MARYLAND
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I. Approval of the Project Agreement;
II. Approval of site–specific educational specifications;
III. Approval of final site selections; and
IV. The role of the governing body of the program; AND
H. SPECIFIES THAT THE GO VERNANCE STRUCTURE F OR
THE PROGRAM IS THE PRINCE GEORGE’S COUNTY SUPERINTENDENT OF SCHOOLS,
THE PRINCE GEORGE’S COUNTY EXECUTIVE, AND THE CHAIR OF THE PRINCE
GEORGE’S COUNTY COUNCIL.
4–126.1.
(c) (1) This section applies only if[, on or before July 1, 2024,] the Prince
George’s County Board enters into a public–private partnership agreement with a private
entity to enhance the delivery of public school construction in Prince George’s County.
(2) (i) Subject to subparagraph (ii) of this paragraph, before entering
into a public–private partnership agreement under paragraph (1) of this subsection, the
public–private partnership agreement shall be reviewed by the Maryland Stadium
Authority and approved by the Interagency Commission on School Construction.
(ii) The approval of the Interagency Commission on School
Construction may not be unreasonably withheld or delayed as specified in the
memorandum of understanding required under § 4–126 of this subtitle.
(e) In fiscal year [2026] 2025 and each fiscal year thereafter through not later
than fiscal year 2055, if the Prince George’s County Board and the private entity remain in
the public–private partnership agreement described under subsection (c) of this section and
the Prince George’s County government [and the Prince George’s County Board deposit]
DEPOSITS the payment in the manner described under subsection (d)(3) of this section, the
Interagency Commission on School Construction shall pay the Prince George’s County
Board from the Prince George’s County Public–Private Partnership Fund established
under § 4–126.2 of this subtitle for the payment required under the public–private
partnership agreement.
4–126.2.
(a) In this section, “Fund” means the Prince George’s County Public–Private
Partnership Fund.
(b) There is a Prince George’s County Public–Private Partnership Fund.
WES MOORE, Governor Ch. 354
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(f) The Fund consists of:
(1) Money deposited into the Fund by Prince George’s County[, the Prince
George’s County Board,] and the Maryland Stadium Authority;
(2) Money deposited into the Fund by the State;
(3) Any investment earnings of the Fund; and
(4) Any other money from any other source accepted for the benefit of the
Fund.
5–317.
(a) In this section, “Program” means the School Safety Grant Program.
(b) (1) There is a School Safety Grant Program.
(2) The purpose of the Program is to provide grants to county boards for
school security improvements, including:
(i) Secure and lockable classroom doors for each classroom in the
school;
(ii) An area of safe refuge in each classroom in the school; and
(iii) Surveillance and other security technology for school monitoring
purposes.
(c) The Program shall be implemented and administered by the Interagency
Commission, in consultation with the Maryland Center for School Safety.
(d) The Interagency Commission shall:
(1) Provide grants to county boards for public school security
improvements;
(2) Develop a procedure for a county board to apply for a grant under the
Program; and
(3) Develop eligibility requirements for a county board to receive a grant
under the Program.
(e) In addition to the annual amount otherwise provided in the capital
improvement program of the Public School Construction Program, the Governor shall Ch. 354 2024 LAWS OF MARYLAND
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provide an additional $10,000,000 in the annual operating or capital budget bill that may
be used only to award grants under the Program.
(f) The State funding provided under the Program is supplemental to and is not
intended to take the place of funding that would otherwise be appropriated for public school
construction purposes to a county board from any other source.
(g) The Interagency Commission shall adopt regulations necessary to implement
this section.
5–326.
(a) In this section, “Fund” means the Nancy K. Kopp Public School Facilities
Priority Fund.
(b) There is a Nancy K. Kopp Public School Facilities Priority Fund.
(c) (1) Except as provided in paragraph (2) of this subsection, BEGINNING IN
FISCAL YEAR 2028, the purpose of the Fund is to provide State funds to address the facility
needs of the highest priority schools in the State as identified by the statewide facilities
assessment completed by the Interagency Commission on School Construction under §
5–310(e) of this subtitle, with highest priority given to schools with a severe facility issue
that required the school to be closed in the current school year or the previous school year.
(2) [If] IN FISCAL YEAR 2027, OR IF the statewide facilities assessment
is not completed, the purpose of the Fund is to provide State funds to address the severity
of issues in a school, including:
(i) Air conditioning;
(ii) Heating;
(iii) Indoor air quality;
(iv) Mold remediation;
(v) Temperature regulation;
(vi) Plumbing, including the presence of lead in drinking water
outlets in school buildings;
(vii) Windows; and
(viii) Any additional severe issues in the school that require the school
to be closed.
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(d) The Interagency Commission on School Construction shall administer the
Fund.
(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of
the State Finance and Procurement Article.
(2) The State Treasurer shall hold the Fund separately, and the
Comptroller shall account for the Fund.
(f) The Fund consists of:
(1) Money appropriated in the State budget to the Fund;
(2) Any interest earnings of the Fund; and
(3) Any other money from any other source accepted for the benefit of the
Fund.
(g) The Fund may be used only for the purpose established under subsection (c)
of this section.
(h) (1) The State Treasurer shall invest the money of the Fund in the same
manner as other State money may be invested.
(2) Any interest earnings of the Fund shall be credited to the Fund.
(i) In fiscal year 2027 and each fiscal year thereafter, the Governor shall
appropriate in the annual State operating or capital budget bill at least [$80,000,000]
$70,000,000 to the Fund.
(j) Expenditures from the Fund may be made only in accordance with the State
budget.
(k) Money expended from the Fund is supplemental to and is not intended to take
the place of funding that otherwise would be appropriated in the annual State operating or
capital budget bill to primary and secondary schools under this article.
Chapter 32 of the Acts of 2022
SECTION 4. AND BE IT FURTHER ENACTED, That it is the intent of the General
Assembly that:
(1) beginning in fiscal year 2023, within the current debt affordability
guidelines, the State should provide at least $450,000,000 each year for public school
construction in order to maintain a relatively stable number of funded projects in the
Capital Improvement Program; and Ch. 354 2024 LAWS OF MARYLAND
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(2) the annual goal established under item (1) of this section:
(I) should be recalculated prior to the Public School Facilities
Priority Fund being funded; AND
(II) DOES NOT INCLUDE FUN DING PROVIDED FOR PU BLIC
SCHOOL CONSTRUCTION THROUGH THE BUILT TO LEARN PROGRAM.
Chapter 679 of the Acts of 2023
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That Section(s) [5–317 and] 5–324 of Article – Education of the Annotated Code of
Maryland be repealed.
SECTION 4. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take
effect June 30, 2026.
SECTION 3. AND BE IT FURTHER ENACTED, That:
(a) There is a Workgroup on the Assessment and Funding of School Facilities.
(b) The Workgroup consists of the following members:
(1) two members of the Senate of Maryland, appointed by the President of
the Senate;
(2) two members of the House of Delegates, appointed by the Speaker of
the House;
(3) the State Superintendent of Schools, or the State Superintendent of
Schools’ designee;
(4) the State Treasurer, or the State Treasurer’s designee;
(5) the Chair of the Interagency Commission on School Construction, or the
Chair’s designee;
(6) the Secretary of Budget and Management, or the Secretary’s designee;
(7) one member who represents the trades, appointed by the Maryland State
and DC AFL–CIO; and
(7) (8) the Secretary of General Services, or the Secretary’s designee.
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(c) The President of the Senate and the Speaker of the House jointly shall appoint
the chair of the Workgroup.
(d) The Department of Legislative Services, in consultation with the Interagency
Commission on School Construction, shall provide staff for the Workgroup.
(e) A member of the Workgroup:
(1) may not receive compensation as a member of the Workgroup; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(f) On or after June 1, 2025, the Workgroup shall:
(1) consider how the relative condition of public school facilities within the
educational facilities sufficiency standards and the facility condition index should be
prioritized, taking into account local priorities and in consultation with local jurisdictions,
including whether the prioritization should be by category and by local jurisdiction or
statewide;
(2) determine whether the results should be incorporated into school
construction funding decisions; and
(3) if the Workgroup determines that the assessment results should be
incorporated into school construction funding decisions, determine how the assessment
results should be incorporated into school construction funding.
(g) On or before January 1, 2026, the Workgroup shall report its findings and
recommendations to the Governor and, in accordance with § 2 –1257 of the State
Government Article, the General Assembly.
SECTION 4. AND BE IT FURTHER ENACTED, That the Prince George’s County
Board of Education shall give priority to High Point High School as the next major project
as a priority in the capital improvement program of the Public School Construction
Program after New Northern Adelphi Area High School.
SECTION 5. AND BE IT FURTHER ENACTED, That the Interagency Commission
on School Construction, on or before December 15, 2024, shall report to the General
Assembly, in accordance with § 2–1257 of the State Government Article, on the eligibility for
school construction funding for artificial intelligence weapon detection systems.
SECTION 2. 5. 6. AND BE IT FURTHER ENACTED, That this Act shall take effect
July June 1, 2024.
Approved by the Governor, April 25, 2024.