Md. Code Regs. 14.39.02.04

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

Section 14.39.02.04 - Capital Improvement Program

A. Local Submissions.

(1) Annually by the date the IAC specifies, each LEA with approval from its local board shall submit to the IAC a local capital improvement program for the next fiscal year that identifies and prioritizes:

(a) New construction projects, including replacement schools and additions, and renovation projects, including limited renovation projects, proposed for local planning approval;

(b) New construction projects, including replacement schools and additions, and renovation projects, including limited renovation projects, proposed for planning and design funding;

(c) New construction projects, including replacement schools and additions, renovation projects, including limited renovation projects, systemic renovation projects, and relocatable facilities proposed for funding approval; and

(d) New construction projects, including replacement schools and additions, and renovation projects, including limited renovation projects, that the LEA has locally funded and for which the LEA seeks planning approval and funding approval.

(2) Annually by the date the IAC specifies, each LEA with approval from its local board shall submit to the IAC a local capital improvement program which shall be:

(a) Consistent with the educational facilities master plan of record; and

(b) Approved by the county governing body.

B. IAC Review.

(1) Planning and Design Funding Approval. The IAC or its designee shall evaluate the merits of planning and design funding approval requests contained in the local capital improvement programs using the following factors as applicable and rank the requests on a Statewide basis using the factors in §B(1)(a)-(e) of this regulation:

(a) State educational priorities;

(b) Enrollment projections, that is, the extent to which 7-year enrollment projections exceed the State-rated capacity for the applicable schools;

(c) Average year of completed construction of the building;

(d) The rehabilitation of existing schools to ensure that facilities in established neighborhoods are of equal quality to new schools, including location of a new school or a replacement school that adds capacity within a priority funding area;

(e) The number of students who receive special education services, who are eligible for free and reduced price meals, or who are English-language learners;

(f) Analysis of the feasibility studies required for projects in which an LEA seeks to abandon an existing school building or demolish more than 50 percent of the gross square footage;

(g) Documentation for limited renovation projects for which the State has provided funding for projects within the past 15 years;

(h) Adequacy of maintenance programs;

(i) Justification for the transfer of a school building in the same geographic area by a local board to the county government because the property was determined no longer needed for school purposes;

(j) Progress on previously approved projects;

(k) Evidence of high performance school design;

(l) For locally funded projects for which State planning and funding approval is sought, application of the State's Minority Business Enterprise Program and prevailing wage rates;

(m) Statewide needs measured against the potential for future capacity for State funding; and

(n) Other factors considered appropriate.

(2) Local Planning Approval. The IAC or its designee shall evaluate the merits of local planning approval requests contained in the local capital improvement programs using the factors in §B(1) of this regulation as applicable and rank the requests on a Statewide basis using the factors in §B(1)(a)-(e) of this regulation.

(3) Funding Approval. The IAC shall evaluate funding approval requests contained in the local capital improvement programs using the following factors when applicable:

(a) Status of planning approval.

(b) Enrollment projections, that is, the extent to which 7-year enrollment projections exceed the State-rated capacity for the applicable schools;

(c) Adequacy of maintenance programs;

(d) Adequacy of project description;

(e) Adequacy of project cost estimate;

(f) Progress on project design and anticipated bid date;

(g) The rehabilitation of existing schools to ensure that facilities in established neighborhoods are of equal quality to new schools;

(h) Location of a new school or a replacement school that adds capacity within a priority funding area;

(i) Statewide needs measured against the capacity for State funding;

(j) For relocatable facilities, the review criteria in Regulation .16 of this chapter;

(k) Progress on previously approved projects;

(l) Evidence of high performance school design;

(m) For locally funded projects for which State planning and funding approval is sought, application of the State's Minority Business Enterprise Program and prevailing wage rates;

(n) Recurring or unresolved audit exceptions; and

(o) Other factors considered appropriate.

(4) After initial review of the local capital improvement programs, the IAC shall:

(a) Notify the LEAs of preliminary recommendations; and

(b) Allow LEA representatives to present information pertaining to projects that were not recommended for approval by IAC staff for inclusion in the State capital improvement program.

C. Priority Funding Area Review.

(1) Except as provided in §C(3) of this regulation, when an LEA proposes to build a new school or to increase the State-rated capacity of a replacement school outside of a priority funding area, the LEA shall request a waiver in accordance with Regulation .29 of this chapter for approval of planning and funding.

(2) Unless a waiver is granted under Regulation .30 of this chapter, a new school or a replacement school that adds capacity proposed for planning and funding approval shall be in a priority funding area.

(3) The following school construction projects are not subject to the requirement of §C(1) of this regulation:

(a) A locally funded project that was funded by an LEA prior to or in Fiscal Year 2012;

(b) A public school construction project that was approved for planning in an annual capital improvement program prior to or in Fiscal Year 2012;

(c) A replacement school on the same site when there is no increase of capacity; or

(d) A renovation, limited renovation, addition, or systemic renovation project.

D. Preliminary State Capital Improvement Program.

(1) By December 31 annually, the IAC shall approve a preliminary State capital improvement program for the following fiscal year that:

(a) Identifies new construction projects, including replacement schools and additions, renovation projects, including limited renovation projects, systemic renovation projects, and relocatable facilities recommended for local planning approval, planning and design funding approval, or funding approval;

(b) Identifies a maximum State construction allocation for each project; and

(c) Totals 75 percent of the preliminary school construction allocation, as determined under State Finance and Procurement Article, § 8-113, Annotated Code of Maryland.

(2) A systemic renovation project solicited before IAC approval is eligible for State funding if it has design development and construction document approvals by the IAC and was deemed eligible but deferred due to fiscal constraints in a prior year CIP.

E. Interim State Capital Improvement Program.

(1) Before March 1 of each year, the IAC shall submit to the presiding officers and the budget committees of the General Assembly and the Department of Legislative Services an interim State capital improvement program that totals 90 percent of the anticipated final capital budget by proposing:

(a) New construction projects, including replacement schools and additions;

(b) Renovation projects, including limited renovation projects;

(c) Systemic renovation projects;

(d) Relocatable facilities; and

(e) A maximum State construction allocation for each project.

(2) The IAC shall take into account:

(a) The preliminary State capital improvement program;

(b) Additional information the LEAs provide;

(c) The anticipated final capital budget for public school construction;

(d) Funds added from the Statewide contingency account; and

(e) Other information the IAC considers appropriate.

(3) A systemic renovation project solicited before IAC approval is eligible for State funding if it has design development and construction document approvals by the IAC and was deemed eligible but deferred due to fiscal constraints in a prior year CIP.

F. Final State Capital Improvement Program - IAC Approval.

(1) After May 1 and before June 1, provided that the capital budget is approved during the regular General Assembly Session, the IAC shall approve a final State capital improvement program that identifies new construction projects, including replacement schools and additions, renovation projects, including limited renovation projects, systemic renovation projects, and relocatable facilities recommended for planning approval or funding approval and that identifies a maximum State construction allocation for each project.

(2) The approval shall take into account:

(a) The preliminary State capital improvement program;

(b) Additional information the LEAs provide;

(c) The final capital budget for public school construction;

(d) Funds added from the Statewide contingency account;

G. Revisions. After IAC approval of the final State capital improvement program, the program may be revised only upon IAC review and approval.

Md. Code Regs. 14.39.02.04

Regulation .04 repealed effective 46:22 Md. R. 976, eff. 11/4/2019; recodified from .03 effective 51:15 Md. R. 711, eff. 8/5/2024.