Md. Code, State Fin. & Proc. § 10A-203

Current with changes from the 2024 Legislative Session
Section 10A-203 - Proposed agreement; prerequisites for approval
(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.

Md. Code, SF § 10A-203

Amended by 2014 Md. Laws, Ch. 104, Sec. 2, eff. 10/1/2014.
Added by 2013 Md. Laws, Ch. 5, Sec. 1, eff. 7/1/2013.