In this subtitle the following words have the meanings indicated.
“Chief” means the Chief of the Division.
“Division” means the Land Acquisition Division of the Department.
“Public improvement” includes any construction, maintenance, or repair of any building, structure, or other public work:
owned or constructed by the State or any unit of the State government, including the University System of Maryland, St. Mary’s College of Maryland, Morgan State University, and Baltimore City Community College; or
acquired or constructed in whole or in part with State funds.
Except as provided in § 4–409 of this subtitle, this subtitle does not apply to any public improvement made by:
the Department of Transportation or a unit in that Department;
any housing authority created under Division II of the Housing and Community Development Article;
the Maryland–National Capital Park and Planning Commission;
the Washington Suburban Sanitary Commission;
the Baltimore County Metropolitan District;
a county, municipal corporation, or unit of a county or municipal corporation;
the University System of Maryland;
Morgan State University;
St. Mary’s College of Maryland; or
Baltimore City Community College, if the value of the contract for the public improvement is $500,000 or less.
The Board of Public Works may exempt specific projects of a unit of the State government from the provisions of this subtitle.
The Board of Public Works shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article establishing procedures for the exemption of specific projects of units of State government under subsection (b) of this section.
The Department of General Services shall assist the Department of Budget and Management:
in developing technical details necessary for the preparation of the Capital Improvement Program for any unit of the State government; and
in any regional study relating to land acquisition, dedication, lease, transfer, and the like.
The Department shall assist and advise any unit of the State government, including the Board of Public Works:
in the review and approval of any change to a contract, plan, or specification for a public improvement; and
on any engineering matter, survey, plan, specification, or contract for a public improvement or land acquisition that:
may come before the Board of Public Works; or
may be of interest to the unit of the State government.
The Department shall enforce the State Building Code.
The Department shall advise the Board of Public Works and any unit of the State government in connection with any engineering question or matter concerning a public improvement.
The Department shall supervise any engineering question or matter concerning a public improvement.
Any contract, plan, or specification for any public improvement that involves an engineering question:
shall be submitted to the Department; and
is subject to the approval of the Department.
At the request of the Board of Public Works, the Department shall advise the Board of Public Works on any contract that exceeds $500,000 if the contract involves an engineering question or a matter concerning a public improvement undertaken by the University System of Maryland, Morgan State University, or St. Mary’s College of Maryland.
The Department shall:
represent the Board of Public Works at the opening of bids for a public improvement;
tabulate and record the bids; and
advise the Board of Public Works on the bids.
The Department shall supervise each appraisal related to a public improvement.
The Department shall collect and maintain a complete and accurate file of drawings and plats of the location of all public improvements.
The Department shall collect and maintain records of construction costs and progress on each public improvement.
The Department shall adequately store and protect any original drawing, plat, record, or specification.
The Department shall examine and approve or disapprove each plan and specification prepared in connection with the preparation or execution of a contract for a public improvement.
The Department shall inspect and approve or disapprove any material, equipment, and methods used in making public improvements and shall inspect each public improvement during the course of construction or repair.
The duty of the Department under this subsection does not relieve an architect or engineer of any supervisory responsibility for which the architect or engineer is employed.
The provisions of subsections (a), (b), (e), and (f) of this section do not apply to State correctional facilities as defined in § 11-101 of this article.
In accordance with §§ 10-102 through 10-105 of the Correctional Services Article, the Department of Public Safety and Correctional Services shall perform the duties specified in subsections (a), (b), (e), and (f) of this section for State correctional facilities.
The General Assembly finds that:
units of the State government are under pressure to delay or eliminate needed physical facility maintenance and repair because of fiscal constraints;
lack of regular maintenance and repair results in deterioration of public improvements and increased costs for repair or construction of entirely new replacement facilities; and
a specific set of procedures is necessary to ensure that all units of the State government perform regular maintenance and repair.
The Department of General Services shall establish general policies and standards for maintenance and repair of public improvements.
On or before December 31 of each year, the Department of General Services shall send any changes to these general policies and standards to:
the Board of Public Works; and
the Department of Budget and Management.
The Department shall:
establish and supervise a comprehensive and continuing program of maintenance and repair of all public improvements; and
review maintenance and operation of public improvements to the extent that any engineering question is involved.
Each unit of the State government shall carry out a maintenance and repair program for each public improvement under the jurisdiction of the unit. In carrying out the program, the unit shall:
conform to the policies and standards established by the Department; and
allocate sufficient funds and personnel.
On or before May 31 of each year, each unit of the State government shall send a report on the condition of each public improvement under its jurisdiction to:
the Department of Budget and Management; and
the Department of General Services.
The report shall:
identify the public improvement; and
state whether the public improvement is being maintained in accordance with the policies and standards established by the Department of General Services.
With the assistance of the Department of Budget and Management, the Department of General Services shall recommend measures necessary to correct deficiencies in the maintenance and repair programs.
On an annual basis, the Department may inspect the physical facilities of the public junior or community colleges and the regional community colleges in the State.
In this section the following words have the meanings indicated.
“Assembly area” means a building or facility, or any portion of a building or facility, that:
is used for the purpose of entertainment, education, or civic gatherings; and
requires the use of a public address system.
“Assembly area” includes:
an amphitheater, an arena, and a stadium;
an auditorium;
a center for the performing arts;
a classroom and a lecture hall;
a concert hall;
a convention center;
a courtroom;
a legislative chamber;
a movie theater, a theater, and a playhouse; and
a public hearing and meeting room.
“Assembly area” does not include any outdoor area.
“Assistive listening system” means an amplification system using transmitters to bypass the acoustical space between a sound source and a listener by means of a wireless direct connection, such as a hearing induction loop system, that couples to a:
personal hearing device; or
receiver, such as a hearing induction loop receiver or other similar technology.
“Construction or renovation” includes:
construction;
reconstruction; and
renovation.
“Hearing induction loop” means a hearing loop or T–loop system that takes a sound source and transfers it directly via a magnetic signal to:
a hearing aid;
a cochlear implant;
a hearing induction loop receiver; or
any other personal hearing device that acts as a receiver.
“Recipient of State funds” means any of the following that receive State money for the construction or renovation of an assembly area:
a unit of State government;
a unit of local government; or
a for–profit or nonprofit entity or association.
A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:
the assembly area uses or requires the use of a public address system; and
a State contract has been executed to enable construction or renovation of the assembly area.
A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:
the recipient claims that an assistive listening system is not technologically feasible; or
there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.
A waiver request under subparagraph (i) of this paragraph shall include a description of the alternative assistive listening technology the recipient will use to comply with the Americans with Disabilities Act.
There is a Hearing Accessibility Advisory Board.
The Secretary shall appoint the members of the Board.
The Board shall consist of:
individuals who have expertise in assistive listening systems; and
consumers who use assistive listening systems.
The Board shall:
consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:
individuals with hearing loss; and
organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;
make recommendations for regulations implementing this section;
consider applications for waivers submitted under subsection (b)(2) of this section; and
monitor compliance with this section and investigate any complaints regarding noncompliance.
The Department shall adopt regulations to carry out this section, including regulations regarding:
proper maintenance and training of staff;
adequate signage; and
a requirement for facilities to provide receivers that can use the technology for individuals who do not have a personal hearing device or do not have a hearing device with a telecoil or other built–in receiver.
This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.
A person may bring a civil action for a violation of this section or if the person has reasonable grounds for believing that this section will be violated.
A person may not be required to take any other action before bringing a civil action under subparagraph (i) of this paragraph for a potential violation of this section if the person has actual notice that a recipient of State funds does not intend to comply with the requirements of this section.
In a civil action brought under paragraph (1)(i) of this subsection, the court may:
grant any equitable relief that the court considers appropriate, including:
temporary, preliminary, or permanent relief;
providing an auxiliary aid or service;
requiring a modification of policy, practice, or procedure; and
making facilities readily accessible to and usable by individuals with disabilities;
assess a civil penalty against the recipient of State funds; or
award any other relief the court considers to be appropriate.
If a court orders injunctive relief under paragraph (1) of this subsection, the order shall include a requirement that the facilities be altered to make the facilities readily accessible to and usable by individuals with disabilities to the extent required by this section.
In this section the following words have the meanings indicated.
“Acquired” does not include a building leased by the State.
“State building” means:
a building acquired through any means by the State for use by a State agency or department;
a building constructed or renovated by or for the State for occupancy by a State agency or department; or
a building acquired, constructed, or renovated for which more than 50% of the money for the acquisition, construction, or renovation came from State funds.
This section does not apply to:
a public work contract of less than $500,000;
a public work contract for which 50% or less of the funds used for the project are State funds;
a project for which funding is provided in the capital budget as a grant to a nonprofit organization; or
a public school construction project.
Except as provided in paragraph (4) of this subsection, the Department shall establish standards for State buildings to conserve energy and minimize adverse impacts on birds that are consistent with the U.S. Green Building Council’s Innovation Credit for reducing bird collisions and the American Bird Conservancy bird–friendly design recommendations.
The Department shall update the standards developed under paragraph (1) of this subsection every 5 years.
The standards developed under this subsection shall specify that, except where full operation of building lighting is documented as necessary, including for public safety or other purposes, interior and exterior lighting shall be appropriately shielded and minimized from midnight to dawn each day:
from March 1 through May 31, both inclusive; and
from August 1 through October 31, both inclusive.
The standards established under paragraph (1) of this subsection may not include a requirement for bird collision monitoring.
The Department shall consider the physical health and mental health of building occupants when developing or updating standards under paragraph (1) of this subsection.
Each State building constructed, substantially altered, or acquired by the State shall meet, to the extent practicable and within budgetary constraints as determined by the Department, the standards established under subsection (c) of this section.
The Department shall reduce the lighting of existing State buildings, to the extent practicable and within budgetary constraints as determined by the Department:
in accordance with subsection (c)(3) of this section; and
by using automatic control technologies, which may include timers, photosensors, infrared detectors, and motion detectors.
Subject to paragraph (2) of this subsection, the Maryland Green Building Council shall include the standards established under this section in requirements that the Council establishes for the Maryland High Performance Green Building Program.
Standards included in the Maryland High Performance Green Building Program under this subsection shall apply only to State buildings as defined in this section.
The Secretary shall adopt regulations to carry out the provisions of this section.
There is a Land Acquisition Division in the Department.
Except as otherwise provided in this section, the Division exclusively shall negotiate the acquisition of land for any public improvement.
The Division shall make each State acquisition in the name of:
the unit of the State government; or
the principal department of the State government to which the unit belongs.
The Division is not responsible for acquiring land for a local project.
The Division is not responsible for developing any acquired land.
Development of any land acquired under Program Open Space is the responsibility of the unit of the State government.
The provisions of this section and §§ 4–413 through 4–416 of this subtitle do not apply to land acquired by the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article.
The head of the Division is the Chief of the Land Acquisition Division, who shall be appointed by the Secretary with the approval of the Governor.
The Chief serves at the pleasure of the Secretary.
The Chief must be experienced and skilled in the field of land acquisition.
The Chief is entitled to the salary provided in the State budget.
The Chief is responsible to the Department for:
administering the Division; and
carrying out any function assigned to the Division.
The Chief shall organize the Division as necessary to carry out the powers and duties of the Division.
Subject to the approval of the Secretary, the Chief may employ a staff and any professional consultant in accordance with the State budget.
This section does not apply to any capital expenditures by the Department of Transportation or the Maryland Transportation Authority in connection with State roads, bridges, or highways.
Before execution, a contract for the acquisition of land shall be:
reviewed by the Secretary of General Services; and
except as provided in § 12-204 of this article, after that review, approved by the Board of Public Works.
This subsection does not apply to any capital expenditure by:
the Maryland Aviation Administration;
the Maryland Port Administration; or
the Maryland Transit Administration.
At least 40 days before the Board of Public Works may act on a land acquisition, the Division shall give written notice of a potential acquisition of land:
to the governing body of the county in which the land is located; and
if the land is located within a municipal corporation, to the governing body of the municipal corporation.
Within 30 days after receiving notice under this subsection, the governing body may submit written comments to the Division.
The Board of Public Works shall supervise the expenditure of any money that the General Assembly appropriates for the acquisition of land.
Except for real property that is acquired by gift, before any real property is acquired from a private owner, the Board of Public Works shall obtain two independent appraisals of the property.
The Board of Public Works shall adopt regulations, in accordance with Title 10, Subtitle 1 of the State Government Article, to carry out this section.
In this section, “Committee” means the Real Estate Advisory Committee.
There is a Real Estate Advisory Committee in the Department.
The purpose of the Committee is to advise the Department, the Board of Public Works, and the General Assembly on industry trends, developments and movement in the commercial real estate sector, and best practices for real estate asset management in the State.
The Committee consists of the following members:
as ex officio, nonvoting members:
one member of the Senate of Maryland, appointed by the President of the Senate; and
one member of the House of Delegates, appointed by the Speaker of the House;
four members appointed by the Secretary;
one member appointed by the President of the Senate; and
one member appointed by the Speaker of the House.
The Secretary shall designate the chair of the Committee.
The Department and the Department of Legislative Services shall provide staff for the Committee.
A member of the Committee:
may not receive compensation as a member of the Committee; but
is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Committee:
shall meet at least three times annually; and
shall review, at least once each year, the State’s long–term real estate plans and goals.
On or before October 1 each year, beginning in 2026, the Committee shall report its findings and recommendations to the Governor, the Board of Public Works, the Department, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.