# COMAR Title 13B — Maryland Higher Education Commission

## Subtitle 07 — Community Colleges

### Chapter 04 — Construction Procedures

**Authority:** Education Article, §11-105, and Title 16, Annotated Code of Maryland

**Administrative History:** Effective date: January 26, 1998 (25:2 Md. R. 77)

**Administrative History:** Regulation .01A amended effective December 19, 2016 (43:25 Md. R. 1385)

**Administrative History:** Regulation .02 amended effective March 31, 2014 (41:6 Md. R. 380); December 19, 2016 (43:25 Md. R. 1385)

**Administrative History:** Regulation .02A amended effective July 23, 2001 (28:14 Md. R. 1323)

**Administrative History:** Regulation .03 amended effective March 31, 2014 (41:6 Md. R. 380)

**Administrative History:** Regulation .03C amended effective December 19, 2016 (43:25 Md. R. 1385)

**Administrative History:** Regulation .03F amended effective July 23, 2001 (28:14 Md. R. 1323); December 19, 2016 (43:25 Md. R. 1385)

**Administrative History:** Regulation .04A amended effective December 19, 2016 (43:25 Md. R. 1385)

**Administrative History:** Regulation .04C amended effective March 31, 2014 (41:6 Md. R. 380); December 19, 2016 (43:25 Md. R. 1385)

#### Regulation .01 College Facilities.

*COMAR 13B.07.04.01*

A. A college shall:

  (1) Submit to the Commission for review and comment a proposal for any capital construction project, regardless of the source of the funds, in accordance with guidelines and procedures required by the Commission in the Maryland Community College Facilities Manual;

  (2) In submitting a proposal for a project for which the college is not eligible or does not seek State participation, indicate:

    (a) Why additional space beyond current guidelines is necessary, if applicable; and

    (b) How the space will be used; and

  (3) Before submitting educational specifications for new capital projects, submit to the Commission a letter of intent and program proposal, in accordance with COMAR 13B.02.02, for any new instructional program to be housed in the proposed facility.

B. The Commission shall establish annually:

  (1) A revised capital construction project priority list for purposes of State participation; and

  (2) Enrollment projections to be used by the college to prepare capital construction projects.

C. For purposes of determining the statutory limit on State financial participation in the college capital construction projects, the proposed capacity of the college in number of students shall be the approved projected 10-year full-time equivalent enrollment as adopted by the Commission.

D. A college may not enter into an agreement to sell, lease, transfer, or otherwise dispose of real property in which the State has participated without the prior approval of the Commission and the subsequent approval of the Board of Public Works.

#### Regulation .02 Facilities Master Plan (Includes Baltimore City Community College).

*COMAR 13B.07.04.02*

A. Each college shall develop and submit by February 1 of each year a facilities master plan or an update to the current facilities master plan which supports the college's role and mission. The plan shall cover a period of not less than 10 years. Colleges should consider developing 20-year land use plans.

B. A college should regularly review the college's facilities master plan. The plan shall be updated every 10 years or whenever major changes occur in the role and mission statements or in other plan components which have significant facilities implications.

C. The facilities master plan shall include:

  (1) An executive summary;

  (2) A statement of the college's role and mission as described in §D of this regulation;

  (3) Assessment and analysis of existing land and facilities and planning assumptions as described in §E of this regulation;

  (4) Specific plans to meet identified needs, including:

    (a) Land use, acquisitions, and divestiture plans;

    (b) Building use;

    (c) Restoration of facilities to satisfactory physical condition, including infrastructure;

    (d) Need for renovations to meet programmatic standards, to provide more appropriate support for proposed uses, or to provide access for persons with disabilities;

    (e) Vehicular and pedestrian circulation;

    (f) Bike path plan;

    (g) Sustainability;

    (h) Utilities extensions and improvements;

    (i) Long-range telecommunications plan needs which address the future requirements of the college for voice, data, video, and radio;

    (j) New construction;

    (k) A site development plan; and

    (l) An approach for updating the plan;

  (5) Provisions indicating that the Maryland Department of Planning Growth and Conservation map was considered; and

  (6) An implementation strategy, including:

    (a) A summary of individual projects with title, brief description, and projected cost in constant dollars;

    (b) Recommended sequencing of projects including relative urgency of need and constraints which require that certain projects precede certain other projects; and

    (c) The impact of implementation and consequences of non-implementation on educational programs, enrollments, and operating costs.

D. Statement of the College's Role and Mission.

  (1) This statement shall describe the most significant characteristics of the college which impact upon the college's facilities requirements, and shall be consistent with the college's approved role and mission statement. The statement shall, at a minimum, address the characteristics in §D(2) and (3) of this regulation.

  (2) Enrollment information shall include:

    (a) Overall size and composition of the student population;

    (b) Enrollment by level and division and other significant characteristics, such as part-time population; and

    (c) Enrollment projections, which shall be for the life of the plan, based upon the enrollment projections approved by the Commission.

  (3) Characteristics to be addressed also include:

    (a) Number of faculty and staff supporting implementation of the college role and mission;

    (b) Student/faculty ratios and class sizes;

    (c) Array of approved academic programs existing and projected during the life of the plan;

    (d) Unique institutional characteristics; and

    (e) Significant new initiatives planned which have facilities implications.

E. Assessment and Analysis of Existing Land and Facilities and Planning Assumptions.

  (1) All proposed new campuses or new site development shall be assessed and analyzed. The college shall use the Maryland Higher Education Commission site analysis and scorecard when evaluating sites for a new campus. This document is available from the Commission. The physical characteristics of the campus shall be described as well as the changes which are required to meet the objectives in the college's stated role and mission.

  (2) All proposals for new campuses, new site development, and new facilities projects shall consider the Maryland Department of Planning Growth and Conservation map.

  (3) At a minimum, the assessment and analysis required by this section shall include the following elements:

    (a) A description of existing facilities and acreage;

    (b) An assessment of the physical condition of buildings or an independent verification of condition assessments;

    (c) An assessment of the functional adequacy of buildings, including discussion of the adequacy and appropriateness of space to support the activities of the faculty, students, and staff using the facilities;

    (d) Utilization of existing facilities;

    (e) Assessment of the physical condition and functional adequacy of the infrastructure;

    (f) Adequacy of existing land;

    (g) Capacity for future development;

    (h) Assessment of environmental compliance;

    (i) Space guideline calculations to provide one estimate of the space needed by type; and

    (j) Identification of specific activities which need to be accommodated on the campus over at least the next 10 years.

F. Review Process for Facilities Master Plans.

  (1) A board of trustees approved new or updated facilities master plan shall be submitted concurrently to the Commission, the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning.

  (2) The Commission shall review the plan with specific attention to:

    (a) Consideration of the Maryland Department of Planning Growth and Conservation map;

    (b) An assessment of how the plan supports the role and mission of the college;

    (c) The current and projected enrollment and staff (full-time day equivalent students, full-time equivalent students, weekly student contact hours, full-time equivalent faculty, full-time equivalent staff) in relation to consistency with the approved role and mission statements and consistency with the approved Commission enrollment projects;

    (d) The array of academic programs on which the plan is based for consistency with the approved role and mission statement;

    (e) Space guideline calculations and proposed deviations from the guidelines;

    (f) Library construction with regard to:

      (i) New technologies in the areas of electronic information management, storage, and retrieval;

      (ii) Library commons;

      (iii) Library automation; and

      (iv) New forms of book storage such as compact shelving;

    (g) The adequacy of facilities contained in the plan to accommodate the existing and proposed academic and support requirements at the college, including appropriate planning for telecommunications infrastructure and libraries; and

    (h) Consistency with the Statewide Capital Improvements Plan.

  (3) The comments of the Department of Budget and Management shall focus primarily on the review of space guidelines analysis, physical planning considerations, and cost/benefit considerations, and may not duplicate the Commission's analysis of enrollment and staffing projections and academic proposals.

  (4) The Department of General Services and the Maryland Department of Planning shall concurrently submit questions and concerns to the Commission and the Department of Budget and Management. The Commission shall forward its questions and concerns to the Department of Budget and Management to facilitate a consolidated response to the college from the Commission and the Department of Budget and Management. The college shall provide a response addressing the questions and concerns and may choose to modify its plan as a result of the issues raised. If appropriate, a meeting including the review agencies and the college may be held to assure a coordinated approach to completing the review process.

  (5) Final action shall consist of one of the following decisions:

    (a) Unconditional endorsement of the plan as the basis for further development of the college involved;

    (b) Conditional endorsement of the plan as the basis for further development of the college, with the conditions explicitly stated; or

    (c) Return of the plan, with a request for resubmission with changes.

#### Regulation .03 Five-Year Capital Improvements Program/Annual Capital Budget Request Submission.

*COMAR 13B.07.04.03*

A. The purpose of the Five-Year Capital Improvements Program and Annual Capital Budget Request process is to identify the capital improvement needs by project and by year for the 5-year period, to develop a Statewide plan of action for college capital improvements, and to establish priorities for the implementation of the plan.

B. A college shall submit, by July 1 of each year, a 5-year capital improvements program. The first year of the program shall constitute the college's annual capital budget request.

C. Projects identified in the program shall be consistent with the approved facilities master plan and should consider the Maryland Department of Planning Growth and Conservation map. The program shall be updated annually to reflect actual capital appropriations and any changes affecting project priorities within the program, as well as to add an additional year.

D. Each year, the Commission shall establish a set of priority categories to guide colleges in the development of the 5-year capital improvements program and the annual capital budget request. The Commission shall assess requested projects using these priority categories.

E. Components of the 5-year capital improvements program of a college shall include:

  (1) Updated space guideline calculation tables;

  (2) A 5-year summary of projects;

  (3) Projects included in the annual budget request;

  (4) Projects planned for the subsequent 4 years; and

  (5) A brief description and justification of each project.

F. Review Process for Five-year Capital Improvements Program.

  (1) A facility program statement is required for each project to be considered for funding in the capital budget. The program statement consists of Part I/project justification and Part II/technical specifications. The college shall submit the Part I and Part II to the Commission, the Department of Budget and Management, the Department of General Services, and the Department of Planning no later than May 1 of the year that the college is requesting funding.

  (2) The Commission review of the Part I/project justification shall focus on:

    (a) Project consistency with college facilities master plans;

    (b) Project justification with regard to the goals of the Statewide Plan, consistency with the college's role and mission, the programmatic needs of the college, the overall space needs of the college, and the adequacy and physical condition of existing facilities;

    (c) Consideration of the Maryland Department of Planning Growth and Conservation map; and

    (d) Prioritization of the project within the Commission's Statewide Five-Year Capital Improvements Program.

  (3) The Part II/technical specifications shall be submitted by May 1 of the year in which the design funds are requested. The Part II/technical specifications review shall be conducted by the Department of Budget and Management, the Department of General Services, and the Maryland Department of Planning.

  (4) If the timing of the project is such that design funds are being requested in the same year in which the project will first appear in the 5-year capital improvement program, then the Part I/project justification and the Part II/technical specifications shall be submitted simultaneously on May 1 of the year in which the request for design funds is submitted.

  (5) As indicated in §B of this regulation, the first year of the 5-year capital improvements program constitutes a college's annual capital budget request. The Commission shall rank all projects, compile a system-wide request, and recommend an integrated annual capital budget to the Governor and the Legislature.

#### Regulation .04 Site Selection.

*COMAR 13B.07.04.04*

A. The general location for each proposed college or addition to a college shall be selected by the board of trustees for the college concerned, and submitted for the approval of the Commission and the Board of Public Works through the Department of General Services, which shall seek comments and recommendations from the Maryland Department of Planning.

B. The comments and recommendations shall be attached to and made a part of the document submitted to the Board of Public Works. Selection and purchase of a specific site shall be in accordance with this chapter.

C. Specific Site Selection Procedure.

  (1) The board of trustees of the college shall study the available sites and have prepared a report that ranks the available sites in order of preference. Technical data, including proximity within Maryland Department of Planning Growth and Conservation planning areas and a site check list, shall support this ranking.

  (2) The board of trustees of the college may, at its discretion, authorize obtaining the following on any of the available sites as the board of trustees considers appropriate:

    (a) Surveys;

    (b) Appraisals;

    (c) Test borings; and

    (d) Title searches.

  (3) State participation in these technical studies shall be limited to the study of one site.

  (4) The college shall identify the specific tentative site selected and advise the Secretary of its selection.

  (5) Material supporting the selection of the specific site in §C(4) of this regulation, including an analysis of alternative sites which were considered, shall be submitted to the Secretary. The Secretary shall submit these documents to the Department of General Services and the Maryland Department of Planning for their confidential review and findings.

  (6) The board of trustees of the college, when it considers it desirable, upon written petition from the citizenry, or upon request by the county government, may conduct a public hearing. If a public hearing is held, formal minutes shall be taken and copies of these minutes shall be included as part of a formal submission to the Commission.

  (7) The approval of a specific site shall be made in accordance with applicable local and State statutes.

  (8) The Secretary shall notify the college of the responses of the Department of General Services and the Maryland Department of Planning.

  (9) After the notification in §C(8) of this regulation, the board of trustees of the college shall authorize negotiations with the owner or owners and the obtaining of an option or options for a particular site purchase, contingent upon the approval of the Board of Public Works.

  (10) The college shall request that the Secretary obtain the approval of the Commission to purchase the specific site. The Commission shall forward its recommendation together with the option or options, and two independent appraisals for each parcel, to the Board of Public Works through the Department of General Services for its final approval of the specific site.

  (11) When it is not possible to obtain an option on a specific site or portion of a site, the board of trustees shall request the Secretary to inform the Board of Public Works that an option is not obtainable but that the board of trustees plans to proceed to acquire the specific site or portion of the site through other means. If condemnation is subsequently necessary, the board of trustees shall authorize that action and inform the Secretary.

  (12) The Board of Public Works is not bound to approve State participation in any judgment rendered by a jury or court in condemnation proceedings.

#### Regulation .05 Obtaining Conditional Allocation for State Funds (Not Applicable to Baltimore City Community College).

*COMAR 13B.07.04.05*

A. When a county desires State financial assistance for capital projects, the board of trustees for the college concerned shall, by resolution of the governing body of the county, request the filing of the necessary petition with the Commission.

B. When the governing body of the county approves the request of the board of trustees for the college and wishes to apply for a grant under the applicable construction loan act, the governing body shall file with the Commission a petition including the detailed description of the proposed project.

#### Regulation .06 Project Administration (Not Applicable to Baltimore City Community College).

*COMAR 13B.07.04.06*

A. The Department of General Services and the Department of Budget and Management are responsible for certain aspects of monitoring and administering capital projects. A college shall comply with the specific requirements of these agencies.

B. Architect Selection and Design Stage.

  (1) The Secretary shall identify the source or sources of State funds and recommend the allocation for design. Before the Secretary's recommendation, the college shall submit a resolution and petition to the Secretary to request funds.

  (2) During the design stages of a project, the college shall furnish net assignable space tabulation sheets to the Commission. After the space has been initially approved, justification for a subsequent increase of 10 percent or more shall also be provided.

C. Procurement.

  (1) The Secretary shall identify the source or sources of State funds and recommend the construction allocation before the Board of Public Works approval of the contract award. The Secretary's recommendation shall be based on the availability of bond funds. The Secretary's determination shall be transmitted to the Department of Budget and Management and the Department of General Services.

  (2) Upon award of a construction contract and on a quarterly basis after that, the college board of trustees shall provide to the commission cash flow projections. The cash flow projections shall be adjusted as the project progresses and as significant changes are made. These projections form the basis of the Commission's request for the issuance of bonds to support the payment of the State's share.

D. Project Management.

  (1) The disbursement of State matching funds by the Department of General Services shall be made in accordance with applicable State policies. The local share of a project shall be expended before any expenditure of the State share.

  (2) During the construction period, the Commission and the Department of General Services shall jointly maintain records on project status, cash flow projections, and bond funds.

E. Detailed agency functions and responsibilities are outlined in the current edition of the Commission's Facility Manual for Community Colleges.