Md. Code Ann., State Fin. & Proc. § 10A-203
Approval requirements for public-private partnership agreements
Effective Jul 1, 2019Added by Acts 2013, c. 5, § 1, eff. July 1, 2013. Amended by Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2019, c. 8, § 5.State of Maryland
(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 website of the reporting agency; or
- (ii) on the website of the specific project if one has been established.
Added by Acts 2013, c. 5, § 1, eff. July 1, 2013. Amended by Acts 2014, c. 104, § 2, eff. Oct. 1, 2014; Acts 2019, c. 8, § 5.