Ch. 306                                    2004 LAWS OF MARYLAND

local education agencies and approved by the Interagency Committee on School
Construction. By July 1, 2004, the Board of Public Works and the Interagency
Committee on School Construction shall develop procedures for use of the emergency
repair fund to resolve deficiencies that present an immediate health or safety hazard
and to resolve deficiencies that, if not corrected, may present an immediate health or
safety hazard. It is the intent of the General Assembly that at least $2 million be
provided for the emergency repair fund in fiscal year 2005.

SECTION 10. AND BE IT FURTHER ENACTED, That it is the intent of the
Governor and the General Assembly that the State should pursue a goal of fully
funding by fiscal 2013 a minimum of $3.85 billion in school facility needs, as
identified by the 2003 School Facility Assessment Survey of minimum standards
conducted at the request of the Task Force to Study Public School Facilities.
Achieving this goad goal in light of the fiscal outlook will be challenging and will
require a significant commitment by the State to provide approximately $2 billion
and by local governments to provide approximately $1.85 billion over the next 8 years
for school construction projects. It is recognized that this amount does not include
many projects that local education agencies believe are necessary, but it does include
basic, minimum facility standards for all public schools in Maryland.

SECTION 11. AND BE IT FURTHER ENACTED, That in 2005, and each year
thereafter, the Capital Debt Affordability Committee shall review the additional
school construction funding needs as identified in the 2004 Task Force to Study Public
School Facilities report and shall make a specific recommendation regarding
additional funding for school construction when recommending the State's annual
debt limit. The recommendation by the Capital Debt Affordability Committee shall
include a multiyear funding recommendation that will provide stability in the annual
funding for school construction.

SECTION 12. AND BE IT FURTHER ENACTED, That notwithstanding any
private ownership of public schools authorized under this Act, all certificated and
noncertificated employees of local school systems shall remain employees of the local
school system.

SECTION 11. 13. AND BE IT FURTHER ENACTED, That the Public School
Construction Program shall provide assistance to Baltimore City, counties, and local
education agencies in using alternative financing mechanisms to fund school
construction, when appropriate. The Public School Construction Program shall
prepare a guide for Baltimore City, counties, and local education agencies to use when
evaluating alternative financing proposals. The guide should include model contracts,
model solicitations, and references to other documents which provide information on
alternative financing. The Public School Construction Program should help Baltimore
City, counties, and local education agencies identify when an alternative financing
mechanism may be appropriate for a particular project and to develop the
procurement, contractual, and technical instruments that will meet State and local
procurement requirements and bring the project to a successful conclusion. The
Public School Construction Program shall report to the Board of Public Works,
Baltimore City, the county governments, local education agencies, and the General
Assembly on or before September 1 of each year, in accordance with § 2-1246 of the

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