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<regulation prefix="Regulation" num=".04" citation="COMAR 14.39.02.04" title_num="14" subtitle_num="39" chapter_num="02" heading="Capital Improvement Program.">
  <paragraph num="A.">
    <text>Local Submissions.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>New construction projects, including replacement schools and additions, renewal projects, renovation projects, and capital maintenance projects, that are proposed for local planning approval;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>New construction projects, including replacement schools and additions, renewal projects, and renovation projects, that are proposed for project development and design funding;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>New construction projects, including replacement schools and additions, renewal projects, renovation projects, capital maintenance projects, and relocatable facilities that are proposed for funding approval; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>New construction projects, including replacement schools and additions, renewal projects, and renovation projects, that the LEA has locally funded and for which the LEA seeks planning approval and funding approval.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>Consistent with the educational facilities master plan of record; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Approved by the county governing body.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>IAC Review.</text>
    <paragraph num="(1)">
      <text>Project Development and Design Funding Approval. The IAC or its designee shall evaluate the merits of project development and design funding requests contained in the local capital improvement programs using the following factors as applicable and rank the requests on a Statewide basis using the following factors:</text>
      <paragraph num="(a)">
        <text>State educational priorities;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Enrollment projections, that is, the extent to which 7-year enrollment projections exceed the State-rated capacity for the applicable schools;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Average year of completed construction of the building;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The number of students who receive special education services, who are eligible for free and reduced price meals, or who are English-language learners;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Documentation for renovation projects for which the State has provided funding for projects within the past 15 years;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Adequacy of maintenance programs;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Progress on previously approved projects;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Evidence of high performance school design;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(m)">
        <text>Statewide needs measured against the potential for future capacity for State funding; and</text>
      </paragraph>
      <paragraph num="(n)">
        <text>Other factors considered appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Funding Approval. The IAC shall evaluate funding approval requests contained in the local capital improvement programs using the following factors when applicable:</text>
      <paragraph num="(a)">
        <text>Status of planning approval.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Enrollment projections, that is, the extent to which 7-year enrollment projections exceed the State-rated capacity for the applicable schools;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Adequacy of maintenance programs;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Adequacy of project description;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Adequacy of project cost estimate;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Progress on project design and anticipated bid date;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The rehabilitation of existing schools to ensure that facilities in established neighborhoods are of equal quality to new schools;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Location of a new school or a replacement school that adds capacity within a priority funding area;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Statewide needs measured against the capacity for State funding;</text>
      </paragraph>
      <paragraph num="(j)">
        <text>For relocatable facilities, the review criteria in Regulation .16 of this chapter;</text>
      </paragraph>
      <paragraph num="(k)">
        <text>Progress on previously approved projects;</text>
      </paragraph>
      <paragraph num="(l)">
        <text>Evidence of high performance school design;</text>
      </paragraph>
      <paragraph num="(m)">
        <text>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;</text>
      </paragraph>
      <paragraph num="(n)">
        <text>Recurring or unresolved audit exceptions; and</text>
      </paragraph>
      <paragraph num="(o)">
        <text>Other factors considered appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>After initial review of the local capital improvement programs, the IAC shall:</text>
      <paragraph num="(a)">
        <text>Notify the LEAs of preliminary recommendations; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>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.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Priority Funding Area Review.</text>
    <paragraph num="(1)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>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.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The following school construction projects are not subject to the requirement of §C(1) of this regulation:</text>
      <paragraph num="(a)">
        <text>A locally funded project that was funded by an LEA prior to or in Fiscal Year 2012;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>A public school construction project that was approved for planning in an annual capital improvement program prior to or in Fiscal Year 2012;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A replacement school on the same site when there is no increase of capacity; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A renewal, renovation, addition, or capital maintenance renovation project.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Preliminary State Capital Improvement Program.</text>
    <paragraph num="(1)">
      <text>By December 31 annually, the IAC shall approve a preliminary State capital improvement program for the following fiscal year that:</text>
      <paragraph num="(a)">
        <text>Identifies new construction projects, including replacement schools and additions, renewal projects, renovation projects, capital maintenance renovation projects, and relocatable facilities recommended for local planning approval, project development and design funding approval, or funding approval;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Identifies a maximum State construction allocation for each project; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Totals 75 percent of the preliminary school construction allocation, as determined under State Finance and Procurement Article, §8-113, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A capital maintenance 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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Interim State Capital Improvement Program.</text>
    <paragraph num="(1)">
      <text>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:</text>
      <paragraph num="(a)">
        <text>New construction projects, including replacement schools and additions;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Renewal projects;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Renovation projects;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Capital maintenance projects;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Relocatable facilities; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A maximum State construction allocation for each project.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The IAC shall take into account:</text>
      <paragraph num="(a)">
        <text>The preliminary State capital improvement program;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Additional information the LEAs provide;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The anticipated final capital budget for public school construction;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Funds added from the Statewide contingency account; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other information the IAC considers appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A capital maintenance 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 CIP year.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Final State Capital Improvement Program IAC Approval.</text>
    <paragraph num="(1)">
      <text>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, renewal projects, renovation projects, capital maintenance projects, and relocatable facilities recommended for planning approval or funding approval and that identifies a maximum State construction allocation for each project.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The approval shall take into account:</text>
      <paragraph num="(a)">
        <text>The preliminary State capital improvement program;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Additional information the LEAs provide;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The final capital budget for public school construction;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Funds added from the Statewide contingency account;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Requirements in the capital budget bill; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Other information the IAC considers appropriate.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Revisions. After IAC approval of the final State capital improvement program, the program may be revised only upon IAC review and approval.</text>
  </paragraph>
</regulation>