Education - Public School Construction - Alterations

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*sb0048*

SENATE BILL 48
F1 6lr0291
(PRE–FILED) CF HB 233
By: Chair, Budget and Taxation Committee (By Request – Departmental – Public
School Construction)
Requested: September 22, 2025
Introduced and read first time: January 14, 2026
Assigned to: Budget and Taxation
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 25, 2026

CHAPTER ______

AN ACT concerning 1

Education – Public School Construction – Alterations 2

FOR the purpose of clarifying the type of proposals and plans that require the approval of 3
the State Superintendent of Schools; requiring a county board of education to request 4
and receive approval from the St ate Superintendent or the State Superintendent’s 5
designee before the county board may proceed with certain actions; authorizing the 6
Interagency Commission on School Construction to adopt requirements for eligibility 7
for certain State funding; modifying the due dates of certain reports the Commission 8
Interagency Commission on School Construction is required to submit; repealing the 9
requirement for the Commission to approve a certain percentage of the preliminary 10
school construction allocation by a certain da te; requiring the Commission to 11
establish a certain appeal process; requiring the Commission to provide certain 12
information to each county board and each local governing body; clarifying the 13
circumstances when the State may not require or shall require counties to reimburse 14
the State for debt service; altering the requirement for certain assessments and 15
inspections the Commission is required to conduct; requiring the Commission, at 16
least once during a certain period of time, to review a certain cost threshold amount; 17
providing for the applicability of certain provisions of law related to the process for 18
review and approval of public school construction projects; and generally relating to 19
public school construction. 20

BY repealing and reenacting, with amendments, 21
Article – Education 22
2 SENATE BILL 48

Section 2–303(f)(1), 4–115(b), 4–126(e)(3)(i)2., 5–303(d)(2)(xiii) and (xiv) and (3)(iii) 1
and (j)(4) 5–303(d)(3)(iii) and (j)(4) , 5 –304(b), 5 –308(a) and (b), 5 –310(b), 2
5–314(a) through (d), 5–319(b), and 5–325(c) 3
Annotated Code of Maryland 4
(2025 Replacement Volume and 2025 Supplement) 5

BY adding to repealing and reenacting, without amendments, 6
Article – Education 7
Section 5–303(d)(2)(xv) 5–303(d)(2)(xiii) and (xiv) 8
Annotated Code of Maryland 9
(2025 Replacement Volume and 2025 Supplement) 10

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 11
That the Laws of Maryland read as follows: 12

Article – Education 13

2–303. 14

(f) (1) Subject to the bylaws, rules, and regulations of the State Board, and 15
except as provided in paragraph (5) of this subsection, the State Superintendent, or the 16
State Superintendent’s designee, shall approve or disapprove each: 17

(i) Proposal for the purchase or sale of any ground, school site, or 18
building THAT WILL BE USED FOR THE EDUCATION OF STUDENTS; 19

(ii) Plan or specification for the [remodeling] ADDITION TO OR 20
RENOVATION of a school building FACILITY if the [remodeling] ADDITION OR 21
RENOVATION costs more than $1,000,000 $1,250,000 AND WILL AFFECT T HE PLAN 22
CONFIGURATION OF STUDENT–OCCUPIED SPACES; 23

(iii) Plan or specification for the construction of a new school building; 24
and 25

(iv) Change order that costs more than [$50,000] $200,000 26
$350,000 for the [remodeling] ADDITION TO OR RENOV ATION, restoration, or 27
construction of STUDENT–OCCUPIED SPACES IN a school building OR ON ITS GROUNDS. 28

4–115. 29

(b) [With the approval of the State Superintendent, or the State Superintendent’s 30
designee, each county board may ] EACH COUNTY BOARD SHA LL REQUEST A ND 31
RECEIVE THE APPROVAL OF THE STATE SUPERINTENDENT, OR THE STATE 32
SUPERINTENDENT’S DESIGNEE, BEFORE THE COUNTY BOARD MAY: 33

SENATE BILL 48 3

(1) Buy or otherwise acquire land, school sites, or buildings THAT WILL BE 1
USED FOR THE EDUCATION OF STUDENTS; [and] 2

(2) Rent[, repair, improve, and] OR build school buildings FACILITIES or 3
approve contracts for doing so, if the plans conform to the bylaws, rules, and regulations of 4
the State Board; OR 5

(3) ADD TO OR RENOVATE SC HOOL BUILDINGS FACILITIES OR 6
APPROVE CONTRACTS FOR DOING SO, IF THE ADDITION OR RENOVATION: 7

(I) COSTS MORE THAN $1,000,000 $1,250,000; 8

(II) WILL AFFECT THE PLAN CONFIGURATION OF 9
STUDENT–OCCUPIED SPACES; AND 10

(III) CONFORMS TO THE BYLAWS, RULES, AND REGULATIONS OF 11
THE STATE BOARD. 12

4–126. 13

(e) (3) (i) Projects that use alternative financing methods under this 14
section and receive State funding shall comply with the following requirements: 15

2. Except as provided in subparagraph (ii) of this paragraph, 16
the maximum Stat e [construction allocation] AWARD for each project approved for State 17
funding; 18

5–303. 19

(d) (2) The regulations adopted by the Interagency Commission may contain 20
requirements for: 21

(xiii) Methods of payments made by the State under the Public School 22
Construction Program; [and] 23

(xiv) The use of a standard statewide computerized maintenance 24
management system for school facilities maintenance work order tracking and reporting ; 25
AND 26

(XV) ELIGIBILITY FOR STATE FUNDING FOR CON STRUCTION 27
PROJECTS AND SYSTEMIC RENOVATION PROJECTS. 28

(3) The regulations adopted by the Interagency Commission shall contain 29
provisions: 30

4 SENATE BILL 48

(iii) Subject to subsection (l) of this section, providing a method for 1
establishing a maximum State [ construction allocation] AWARD for each project approved 2
for State funding; 3

(j) (4) On or before [March 30 ] FEBRUARY 28, [June 30 ] MAY 31, 4
[September 30 ] AUGUST 31, and [December 31 of ] NOVEMBER 30 each year, the 5
Interagency Commission shall report to the General Assembly, in accordance with § 2–1257 6
of the State Government Article, and the Department of Legislative Services on the balance 7
in the fund as of the [reporting date ] LAST DAY OF THE IMME DIATELY PRECEDING 8
QUARTER as the result of transfers or reversions required under this subsection and any 9
expenditures. 10

5–304. 11

(b) (1) Before May 1 [of] each year, the Interagency Commission may not 12
approve public school construction projects that comprise more than 75% of the preliminary 13
school construction allocation, determined under § 8 –113 of the State Finance and 14
Procurement Article, for the following fiscal year. 15

(2) [On or before December 31 of each year, the Interagency Commission 16
shall approve public school construction projects that comprise 75% of the preliminary 17
school construction allocation, determined under § 8 –113 of the State Finance and 18
Procurement Article, for the following fiscal year. 19

(3) The Interagency Commission shall establish an appeal process to allow 20
local jurisdictions to request funding for projects that were not approved by the Interagency 21
Commission under paragraph (2) of this subsection. 22

(4)] (I) On or before March 1 [of] each year, the Interagency Commission 23
shall provide recommendations to the presiding officers and the budget committees of the 24
General Assembly and the Department of Legislative Services for public school 25
construction projects that comprise 90% of the school construction allocation included in 26
the capital budget submitted by the Governor for the following fiscal year. 27

(II) THE INTERAGENCY COMMISSION SHALL ESTA BLISH AN 28
APPEAL PROCESS TO AL LOW LOCAL JURISDICTI ONS TO REQUEST FUNDI NG FOR 29
PROJECTS THAT WERE NOT APPROVED BY THE INTERAGENCY COMMISSION UNDER 30
SUBPARAGRAPH (I) OF THIS PARAGRAPH. 31

[(5)] (3) On or after May 1 each year, the Interagency Commission shall 32
approve 100% of the school construction allocation included in the capital budget bill as 33
enacted. 34

(4) (I) ON OR BEFORE NOVEMBER 30 EACH YEAR, THE 35
INTERAGENCY COMMISSION SHALL PROV IDE TO EACH COUNTY B OARD AND EACH 36
SENATE BILL 48 5

LOCAL GOVERNING BODY A REPORT CONTAINING THE FOLLOWING INFORM ATION 1
FOR EACH PROJECT THA T A LOCAL EDUCATION AGENCY HAS REQUESTED FOR 2
STATE FUNDING IN THE CAPITAL BUDGET BILL: 3

1. THE STATUS OF THE REQUEST; AND 4

2. IF AVAILABLE , THE MAXIMUM STATE AWARD 5
ESTIMATED OR ADOPTED BY THE INTERAGENCY COMMISSION. 6

(II) ON OR BEFORE DECEMBER 31 AND JANUARY 31 EACH 7
YEAR, THE INTERAGENCY COMMISSION SHALL PROVIDE TO EACH COUNTY B OARD 8
AND EACH LOCAL GOVERNI NG BODY A REPORT CON TAINING THE FOLLOWIN G 9
INFORMATION FOR EACH PROJECT THAT A LOCAL EDUCATION AGENCY HAS 10
REQUESTED FOR STATE FUNDING IN THE CAPITAL BUDGET BILL: 11

1. THE STATUS OF THE REQUEST; 12

2. IF AVAILABLE , THE MAXIMUM STATE AWARD 13
ESTIMATED OR ADOPTED BY THE INTERAGENCY COMMISSION; AND 14

3. THE PROJECTED 100% CAPITAL AWARD. 15

5–308. 16

(a) Notwithstanding the provisions of Title 10, Subtitle 3 of the State Finance and 17
Procurement Article, [this] THE State may not require reimbursement of debt service from 18
a county for a school that: 19

(1) Was initially constructed on or before February 1, 1971; 20

(2) Is no longer used for [school purposes] A PURPOSE THAT IS ELIGIBLE 21
FOR STATE FUNDING FOR PUBLIC SCHOOL CONSTRUCTION; 22

(3) Has had title transferred to a county government; and 23

(4) Is being used for local governmental purposes other than public 24
education; provided, however, that if a former school building is sold by a county 25
government the State sh all be reimbursed for outstanding debt service, and if more than 26
10 percent of usable space within a former school is rented for an amount exceeding the 27
cost of operating and maintaining such space, such rental profit shall be used toward 28
retiring outstanding bonded indebtedness. 29

(b) Subject to subsection (c) of this section, this State shall require reimbursement 30
of outstanding debt service from a county for a school that: 31

6 SENATE BILL 48

(1) Was constructed under this subtitle; 1

(2) Was initially constructed or su bstantially altered by [addition(s)] 2
ADDITIONS, alterations, or renovations and the cost of the construction at the time of 3
execution exceeded $100,000 and the work was accomplished after February 1, 1971; 4

(3) Is no longer used for [school purposes] A PURPOSE THAT IS ELIGIBLE 5
FOR STATE FUNDING FOR PUBLIC SCHOOL CONSTRUCTION; 6

(4) Has had title transferred to a county government; 7

(5) Is being used for local governmental purposes by the State or a county 8
or by any instrumentality of the State or county other than public education; and 9

(6) Has outstanding debt which exceeds $5,000. 10

5–310. 11

(b) (1) (i) Each fiscal year, the Interagency Commission shall [survey the 12
condition of ] CONDUCT A MAINTENANC E EFFECTIVENESS ASSE SSMENT ON school 13
buildings identified by the Department. 14

(ii) The Interagency Commission shall include in the [inspections] 15
ASSESSMENT of individual school buildings[: 16

1. A process for a local education agency to report any 17
additional information relevant to the inspection, including a place in the Master Facility 18
Asset Library System for the local education agency to: 19

A. Report each year to the Interagency Commission on any 20
deficiencies in a school building, even if the school building was not inspected in accordance 21
with paragraph (2) of this subsection in the prior year; 22

B. Identify spaces in a school building likely to have been 23
painted with lead paint; and 24

C. Report certification of the Asbestos Hazard Emergency 25
Response Act plan for the space; and 26

2. A] A process to incorporate maintenance data for 27
individual school buildings. 28

(2) (i) The Interagency Commission shall conduct [the inspections] A 29
STATEWIDE FACILITIES ASSESSMENT of individual school buildings [that are necessary 30
to complete the survey required in paragraph (1) of this subsection]. 31
SENATE BILL 48 7

(ii) THE INTERAGENCY COMMISSION SHALL INCL UDE IN THE 1
ASSESSMENT OF INDIVI DUAL SCHOOL BUILDING S A PROCESS FOR A LO CAL 2
EDUCATION AGENCY TO REPORT, AT LEAST ONCE EVERY 4 YEARS IN ACCORDANCE 3
WITH A SCHEDULE D EVELOPED BY THE INTERAGENCY COMMISSION, ADDITIONAL 4
INFORMATION THAT IS RELEVANT TO THE ASSESSMENT, INCLUDING A PLACE IN THE 5
MASTER FACILITY ASSET LIBRARY SYSTEM FOR THE LOCAL EDUCATION AGENCY 6
TO: 7

1. REPORT EACH YEAR , IN ACCORDANCE WITH T HE 8
SCHEDULE DEVELOPED BY THE INTERAGENCY COMMISSION, TO THE INTERAGENCY 9
COMMISSION ON DEFICIE NCIES IN A SCHOOL BU ILDING, EVEN IF AN ASSESSMEN T 10
OF THE SCHOOL BUILDI NG WAS NOT COMPLETED IN ACCORDANCE WITH T HIS 11
PARAGRAPH IN THE IMMEDIATELY PRECEDING YEAR; 12

2. IDENTIFY SPACES IN A SCHOOL BUILDING LIKELY TO 13
HAVE BEEN PAINTED WITH LEAD PAINT; AND 14

3. REPORT CERTIFICATION OF THE ASBESTOS HAZARD 15
EMERGENCY RESPONSE ACT PLAN FOR THE SPACE. 16

(III) The [inspections completed under paragraph (1) of this 17
subsection] STATEWIDE FACILITIES ASSESSMENT shall include DATA PROVIDED BY 18
LOCAL EDUCATION AGEN CIES, AT LEAST ONCE EVERY 4 YEARS IN ACCORDANCE 19
WITH THE SCHEDULE DE VELOPED BY THE INTERAGENCY COMMISSION, ON the 20
following items for each school building: 21

1. Temperature; 22

2. Humidity; 23

3. Carbon dioxide level; 24

4. Acoustic levels; 25

5. Lead paint; 26

6. Asbestos; 27

7. Kitchen sanitary equipment; 28

8. Lighting; 29

9. Emergency communication system, with respect to 30
remaining useful life; 31
8 SENATE BILL 48

10. Health room attributes; 1

11. Safety equipment in each laboratory space; and 2

12. The functionality of: 3

A. Heating, ventilation, and air –conditioning building 4
systems; 5

B. Life safety building systems; 6

C. Roofs; and 7

D. Any additional critical building systems identified by the 8
Interagency Commission. 9

[(iii)] (IV) During an inspection CONDUCTED AS A PART OF THE 10
STATEWIDE FACILITIES ASSESSMENT, if an item under subparagraph [(ii)1] (III)1 11
through 6 of this paragraph rises to such a severe level that requires the school to be closed, 12
the local education agency shall submit a plan to the Interagency Commission on how to 13
address the issue and the Interagency Commission shall work to prioritize funding to 14
address the issue. 15

(3) [The] ON OR BEFORE OCTOBER 1 EACH YEAR , THE Interagency 16
Commission shall report to the Governor and , IN ACCORDANCE WITH § 2–1257 OF THE 17
STATE GOVERNMENT ARTICLE, the General Assembly[, on or before October 1 of each 18
year, in accordance with § 2 –1257 of the State Government Article, ] on the results of the 19
[survey] MAINTENANCE EFFECTIVENESS ASSESSMENT for the [prior] IMMEDIATELY 20
PRECEDING fiscal year. 21

(4) ON OR BEFORE NOVEMBER 1 EACH YEAR , THE INTERAGENCY 22
COMMISSION SHALL REPO RT TO THE GOVERNOR AND , IN ACCORDANCE WITH § 23
2–1257 OF THE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY ON THE 24
RESULTS OF THE STATE WIDE FACILITIES ASSE SSMENT FOR THE IMMED IATELY 25
PRECEDING FISCAL YEAR. 26

5–314. 27

(a) (1) Notwithstanding § 2 –303(f) of this article, the process for the review 28
and approval of public school construction projects shall be in accordance with the 29
provisions of this section. 30

(2) THIS SECTION APPLIES ONLY TO CONSTRUCTION PROJECTS AND 31
SYSTEMIC RENOVATION PROJECTS THAT COST MORE THAN $1,250,000 AND: 32
SENATE BILL 48 9

(I) THAT COST MORE THAN $1,000,000 AND: 1

1. THAT HAVE HAVE RECEIVED STATE FUNDING; OR 2

2. FOR, OR FOR WHICH A LOCAL EDUCAT ION AGENCY 3
WILL BE REQUESTING STATE FUNDING; OR 4

(II) THAT REPLACE OR CHANGE MAKE CHANGES TO A HEATING, 5
VENTILATION, OR AIR –CONDITIONING SYSTEM THAT ARE NOT LIKE –FOR–LIKE 6
REPLACEMENTS OF SYSTEM COMPONENTS. 7

(3) AT LEAST ONCE EVERY 4 YEARS, THE INTERAGENCY COMMISSION 8
SHALL REVIEW THE COS T THRESHOLD AMOUNT U NDER PARAGRAPH (2) OF THIS 9
SUBSECTION. 10

(b) (1) Except as provided in subsection (e) of this section, educational 11
specifications and schematic designs for [major] APPLICABLE construction projects THAT 12
WILL AFFECT THE PLAN CONFIGURATION OF STU DENT–OCCUPIED SPACES IN A 13
SCHOOL BUILDING OR ON ITS GROUNDS are required to: 14

(i) Be reviewed by the Interagency Commission; and 15

(ii) Prior to finalization by a local education agency, have any 16
concerns or recommendations of the Interagency Commission satisfactorily resolved. 17

(2) To provide efficiency within the process, the Department and the 18
Interagency Commission shall consider altering the review and approval process required 19
under paragraph (1) of this subsection, including a rolling deadline for submission of 20
documents, with schematic designs submitted following the completion of the educational 21
specifications review. 22

(c) (1) Change orders for [major] APPLICABLE construction pr ojects and 23
systemic renovation projects may not be: 24

(i) Reviewed by the Department of General Services; and 25

(ii) Approved by the Interagency Commission. 26

(2) A percentage of the State allocation related to change orders may not 27
be withheld. 28

(3) Local education agencies shall maintain contingency funds for each 29
approved project to address unanticipated construction costs above the State allocation. 30

10 SENATE BILL 48

(d) (1) Except as provided in subsection (e) of this section, design and 1
construction documents for [major] APPLICABLE construction projects and systemic 2
renovation projects are required to be: 3

(i) Reviewed by the Department of General Services; and 4

(ii) Approved by the Interagency Commission. 5

(2) The Department of General Services and the Interagency Commission, 6
in consultation with local education agencies, shall develop a timeline for submission, 7
review, and approval of design and construction documents. 8

5–319. 9

(b) On or before [December 31 of] FEBRUARY 28 each year, AS PROVIDED IN § 10
5–325 OF THIS SUBTITLE , the Interagency Commission shall submit a report on the 11
number of public school construction and major renovation projects in each jurisdiction that 12
[use] USED solar technologies OR ALTERNATIVE ENERG Y SYSTEMS IN THE 13
IMMEDIATELY PRECEDING CALENDAR YEAR to the Governor and, in accordance with § 14
2–1257 of the State Government Article, the General Assembly. 15

5–325. 16

(c) On or before [December 31] FEBRUARY 28 each year, AS PROVIDED IN § 17
5–319 OF THIS SUBTITLE , the Interagency Commission shall submit a report to the 18
General Assembly, in accordance with § 2 –1257 of the State Government Article, on the 19
number of public school construction and major renovation projects in each jurisdiction that 20
[use] USED SOLAR TECHNOLOG IES OR alternative en ergy systems IN THE 21
IMMEDIATELY PRECEDING CALENDAR YEAR. 22

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 23
1, 2026. 24

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.