Md. Code Ann., Educ. § 4-126.1
Redline — January 1, 2020 → current.View current text →
Current — January 1, 2025
As of January 1, 2020
(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.
(a) In this section, “public–private partnership agreement” means an agreement in which a county board of education contracts with a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for operation and maintenance of a school, cooperative use of the school or an adjacent property, and generation of revenue to offset the cost of construction or use of the school.
(b) Except as otherwise provided in this section, § 4–126 of this subtitle applies to a public–private partnership agreement entered into in accordance with this section.
(c) (1) This section applies only if 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) (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 deposited into the Fund by Prince George’s County and the Prince George’s County Board;
(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.
(g) The Fund may be used only to provide funding for alternative financing methods under § 4–126 of this subtitle in Prince George’s County.
(h) Any appropriation to the Fund shall be used to supplement, but not supplant, money appropriated to Prince George’s County for public school construction under the Public School Construction Program established in Title 5, Subtitle 3 of this article.
(i) If a memorandum of understanding is entered into under § 4–126 of this subtitle and State funding is provided for an availability payment, the Prince George’s County Board and Prince George’s County shall deposit into the Fund the amounts required under the memorandum of understanding.
(d) (1) In fiscal years 2024 and 2025, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
(2) Subject to paragraph (3) of this subsection, in fiscal year 2026 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, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund established under § 10–658 of the Economic Development Article into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
(3) Paragraph (2) of this subsection applies only if the public–private partnership agreement described under subsection (c) of this section includes:
(i) A minimum of 8 schools that will be improved, constructed, or renovated and operated and maintained under the public–private partnership agreement, including one school for which a structural engineer has identified to the Commission that the school needs a full replacement because of faulty steel; and
(ii) A commitment by the Prince George’s County government and the Prince George’s County Board to provide the local share of the total payment.
(4) In fiscal year 2026 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, the Prince George’s County government and the Prince George’s County Board each shall deposit the payment amount required under the public–private partnership agreement into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.
(e) In fiscal year 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 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.
(f) On January 15, 2025, and each January 15 thereafter, the Prince George’s County government, the Prince George’s County Board, the Maryland Stadium Authority, and the Interagency Commission on School Construction jointly shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly on the progress of construction and renovations of public school facilities under the public–private partnership agreement described under subsection (c) of this section, including actions: (1) Taken during the previous fiscal year; and (2) Planned for the current fiscal year.
(g) (1) On or before July 1, 2029, the Interagency Commission on School Construction shall complete a 5–year evaluation of the effectiveness of the public–private partnership agreement described under subsection (c) of this section.
(2) On or before December 31, 2029, the Interagency Commission on School Construction shall submit a report on the results of the evaluation required under paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.