EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0407*
SENATE BILL 407
F2 4lr1072
SB 297/23 – B&T CF 4lr1073
By: Senator McKay
Introduced and read first time: January 18, 2024
Assigned to: Budget and Taxation
A BILL ENTITLED
AN ACT concerning 1
Community Colleges – Capital Projects – State Share Adjustment 2
FOR the purpose of providing for a certain adjustment to the State share percentage for a 3
community college or regional community college capital project under certain 4
circumstances; and generally relating to the grant program for community college 5
capital projects. 6
BY repealing and reenacting, with amendments, 7
Article – Education 8
Section 11–105(j) 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2023 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Education 14
11–105. 15
(j) (1) In this subsection, “community college” includes the Carroll County 16
Community College and the Calvert County and St. Mary’s County branch campuses of the 17
College of Southern Maryland established under the authority granted by § 16–103(l) of 18
this article, and does not include the Baltimore City Community College. 19
(2) The Commission shall administer the general public junior or 20
community college and regional community college construction program in accordance 21
with this section and regulations approved by the Board of Public Works. 22
(3) (i) Whenever a county desires, or whenever the counties that 23
support a regional community college desire, to participate in the financial assistance 24 2 SENATE BILL 407
provided by the State for the general public junior or community college and regional 1
community college construction program, the jurisdiction or jurisdictions shall file with the 2
Commission a petition and such information as the Commission requires, together with a 3
complete proposal for each project for which financial assistance is desired. 4
(ii) The Commission shall submit to the Department of Budget and 5
Management a copy of each petition and project proposal. 6
(4) On receipt of the recommendations of the Department of Budget and 7
Management on each petition and project proposal, the Commission shall make a written 8
report to the Board of Public Works describing the request or requests for financial 9
assistance received and recommending a disposition for each request. 10
(5) The Board of Public Works shall approve each grant and shall certify 11
the amount of the grant to the Treasurer and the Comptroller. The Comptroller shall issue 12
a warrant to the Treasurer to pay the grant to or on behalf of the petitioning jurisdiction or 13
jurisdictions, when needed, for design and construction or the acquisition of real property 14
or interests in land. The decision of the Board of Public Works shall be in such form as the 15
Board deems advisable and shall be final and conclusive. 16
(6) (I) The amount of the grant shall be a percentage of total design and 17
construction costs, including site acquisition and development costs, as follows: 18
[(i)] 1. For a regional community college established under § 19
16–202 of this article, 75 percent; or 20
[(ii)] 2. For a public junior or community college that is not a 21
regional community college, the greater of: 22
[1.] A. A percentage equal to that percentage of the 23
foundation program that the State pays to the petitioning jurisdiction under [§ 5–202(b)] § 24
5–213(A) of this article up to a maximum of 70 percent; or 25
[2.] B. 50 percent. 26
(II) 1. A COUNTY IS ELIGIBLE F OR AN ADJUSTMENT TO T HE 27
STATE SHARE PERCENTAG E FOR A COMMUNITY CO LLEGE CAPITAL PROJEC T IF: 28
A. A COUNTY’S MEDIAN HOUSEHOLD I NCOME IS IN THE 29
BOTTOM QUARTILE IN T HE STATE; AND 30
B. THE STATE SHARE PERCENTAG E FOR A COMMUNITY 31
COLLEGE CAPITAL PROJ ECT IS 50%. 32
SENATE BILL 407 3
2. A. THE LOCAL SHARE OF A COMMUNITY COLLEGE 1
CAPITAL PROJECT SHAL L BE REDUCED TO EQUA L THE LOCAL SHARE OF THE 2
ADJACENT C OMMUNITY COLLEGE OR REGIONAL COMMUNITY C OLLEGE THAT IS 3
LESS THAN 50%, BUT CLOSEST TO 50%. 4
B. THE STATE SHARE OF A COMMUNITY COLLEGE 5
CAPITAL PROJECT SHAL L BE INCREASED BY A PERCENTAGE THAT IS E QUAL TO THE 6
REDUCTION UNDER SUBS UBSUBPARAGRAPH A OF THIS SUBSUBPARAGR APH. 7
(7) The Commission shall adopt regulations in accordance with Title 10, 8
Subtitle 1 of the State Government Article concerning the administration of the general 9
public junior or community college and regional community college construction program. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 11
1, 2024. 12