Md. Code Regs. 14.38.01.07

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.38.01.07 - County Library Capital Project Grants Program

A. In this regulation, the following terms have the meanings indicated.

B. Terms Defined.

(1) "LLA" means local library agency or county library system.

(2) 'MSL " means the Maryland State Library Agency.

(3) "Project completion" means:

(a) Construction work has been completed in accordance with the contract documents;

(b) The project architect has issued a certificate of completion;

(c) The contractor has submitted the application for final payment; and

(d) The building has been accepted by the LLA.

C. Responsibilities of MSL. MSL shall:

(1) Develop and administer a grant program for county library capital projects to provide a uniform and objective analysis of proposed capital projects and support projects that address the library needs in the State;

(2) Evaluate and prioritize grant requests to provide a uniform and objective analysis of proposed capital projects, including the review of each applicant's library facilities master plan;

(3) Review proposed county library construction grants and issue approvals that are specific to a definite project with a prescribed scope and cost; and

(4) Use the following criteria to evaluate capital project requests:

(a) The public necessity and urgency of a project;

(b) The need for additional sources of funding for a project;

(c) The estimated cost and timeliness of executing a project;

(d) The viability of matching funds for a project;

(e) Geographic diversity; and

(f) Other factors that may give priority to a project.

D. Library Facilities Master Plan.

(1) By July 1 of each year, as a condition of receiving State project approval, each LLA shall submit to MSL or its designee:

(a) Countywide library plan, which includes:

(i) A mission statement;

(ii) A needs statement; and

(iii) Multiyear goals and objectives; and

(b) Library facilities master plan, which includes:

(i) A description of the capital project approved by the applicant's governing body;

(ii) An updated and detailed capital improvement program for the following fiscal year; and

(iii) A library capital improvement program for the following 5 years.

(2) The annual and subsequent 5-year capital improvement program shall be consistent with the current library facilities master plan of record.

E. Capital Improvement Projects Grants Program.

(1) By July 15 of each year, an LLA may submit up to 3 applications to MSL to receive grants for capital projects for the next fiscal year.

(2) An application shall include:

(a) A description of the scope and purpose of the project;

(b) A building plan that includes the estimated total cost of the project, including matching funds; and

(c) Any other information required by MSL.

(3) On or before October 1 of each year, MSL shall make a recommendation to the State Library Board regarding LLA capital project grants for the following fiscal year that:

(a) Identifies capital projects for funding approval; and

(b) Recommends a maximum State construction allocation for each project.

(4) On or before November 1 of each year, on approval of the State Library Board, MSL shall forward the list of approved LLA capital projects to the Department of Budget and Management.

(5) By December 1 of each year, each local library board shall submit documentation that:

(a) The local government has approved the LLA request for State funds and agreed to provide the required matching funds; and

(b) The requested State funding will be expended within the fiscal year following the fiscal year in which the funds are requested.

(6) Amendments to the State capital improvement program that a local library board considers necessary to submit during the course of the year shall be reviewed and approved by MSL and the State Library Board before an amendment may be implemented.

(7) State and Local Cost Share Formula.

(a) The State share percentage for a county library capital project approved under this section shall be calculated by dividing the State share of the minimum program for a county calculated under Education Article, § 23-505(b), Annotated Code of Maryland, by the library program amount for a county calculated under Education Article, § 23-503(b), Annotated Code of Maryland, and multiplying this quotient by 1.25.

(b) The minimum State share of a county library capital project is 50 percent and the maximum State share of a county library capital project is 90 percent of the project expenses that are approved by MSL pursuant to this regulation and Education Article, § 23-502, Annotated Code of Maryland.

(c) Grants under this program may not be for an amount less than $20,000.

F. Planning and Design of Capital Projects.

(1) Land or buildings for a capital project shall be acquired by the board of library trustees or, in Montgomery County, the Department of Public Library Services.

(2) Architects and Engineers,

(a) The plans, specifications, and related documents for each construction project shall be developed under the supervision and responsibility of a licensed architect or engineer.

(b) The LLA shall select the architect or engineer.

(c) The LLA shall notify MSL of the architect or engineer selected.

G. Grant Close-Out.

(1) Within 180 days after project completion, the LLA shall submit a close-out summary to MSL using a form provided by MSL.

(2) MSL may conduct financial and procedural compliance audits.

H. Rescinding Funding Approval.

(1) If, within 2 years after funding is made available for a project, no part of the project is under contract, MSL may determine the project to be abandoned and rescind the funding approval.

(2) When MSL rescinds funding approval, MSL shall transfer the allocation to the Statewide Contingency Account for the fiscal year in which the project was approved for funding.

(3) Funds transferred to the Statewide Contingency Account may be used for any project approved in a future LLA capital improvement program.

(4) After a project approval is rescinded, to be considered for reinstatement, the project shall be submitted as a new project request in a succeeding fiscal year's annual LLA capital improvement program.

(5) MSL may approve a request to extend the allowable time for placing a project under contract if the extension is justified by unusual circumstances.

Md. Code Regs. 14.38.01.07

Regulation .07 recodified from 13A.05.04.08 effective 46:17 Md. R. 727, eff. 8/26/2019