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Statutes Text

Article - State Finance and Procurement




§10A–203.

    (a)    (1)    Except as provided in paragraph (2) of this subsection, the Board of Public Works may not approve a public–private partnership agreement until:

            (i)    a copy of the proposed agreement is submitted simultaneously to the Comptroller, the State Treasurer, the budget committees, and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article;

            (ii)    the State Treasurer, in coordination with the Comptroller, analyzes the impact on the State’s capital debt affordability limits of the proposed public–private partnership agreement;

            (iii)    the State Treasurer submits the analysis to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article; and

            (iv)    the budget committees have reviewed and commented on the agreement in accordance with paragraph (3) of this subsection.

        (2)    The Board of Public Works may not approve a public–private partnership agreement for a transportation facilities project, as defined in § 4–101(h) of the Transportation Article, until the proposed agreement is submitted to the budget committees and the Department of Legislative Services, in accordance with § 2–1257 of the State Government Article.

        (3)    (i)    The period for review, analysis, and comment under paragraphs (1) and (2) of this subsection may not exceed a total of 30 days from the date the proposed public–private partnership agreement is submitted simultaneously to the State Treasurer, the Comptroller, the budget committees, and the Department of Legislative Services.

            (ii)    The budget committees may facilitate a faster review and comment period by sending a letter to the Board of Public Works supporting a proposed public–private partnership agreement in advance of the expiration of the 30–day review period.

    (b)    (1)    The proposed public–private partnership agreement made available to the public shall:

            (i)    after consultation with the private entity, withhold information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law, including in accordance with § 4–335 of the General Provisions Article, relating to:

                1.    confidential commercial information;

                2.    confidential financial information; and

                3.    trade secrets; and

            (ii)    be posted online by the reporting agency during the 30–day review period in accordance with paragraph (2) of this subsection.

        (2)    The online location of the proposed public–private partnership agreement shall be:

            (i)    on the Web site of the reporting agency; or

            (ii)    on the Web site of the specific project if one has been established.