2013 Maryland Code
STATE FINANCE AND PROCUREMENT
§ 10A-101 - Definitions; applicability of subtitle; reports [Effective until July 1, 2013]

(a) Definitions. --

(1) In this title the following words have the meanings indicated.

(2) "Budget committees" means the Senate Budget and Taxation Committee, the House Committee on Ways and Means, and the House Appropriations Committee.

(3) "Private entity" means an individual, a corporation, a general or limited partnership, a limited liability company, a joint venture, a statutory trust, a public benefit corporation, a nonprofit entity, or another business entity.

(4) "Public notice of solicitation" includes a request for expressions of interest, a request for proposals, a memorandum of understanding, an interim development agreement, a letter of intent, or a preliminary development plan.

(5) (i) "Public-private partnership" means a sale or lease agreement between a unit of State government and a private entity under which:

1. the private entity assumes control of the operation and maintenance of an existing State facility; or

2. the private entity constructs, reconstructs, finances, or operates a State facility or a facility for State use and will collect fees, charges, rents, or tolls for the use of the facility.

(ii) "Public-private partnership" does not include:

1. a short-term operating space lease entered into in the ordinary course of business by a unit of State government and a private entity and approved under § 4-321 of this article;

2. a procurement governed by Division II of this article; or

3. public-private partnership agreements entered into by the University System of Maryland, where no State funds are used to fund or finance any portion of a capital project.

(6) "Reporting agency" means:

(i) the Department of General Services;

(ii) the Maryland Department of Transportation;

(iii) the University System of Maryland;

(iv) Morgan State University;

(v) St. Mary's College of Maryland; and

(vi) the Baltimore City Community College.

(b) Applicability of subtitle; exception. -- The requirements of this title do not apply to the Maryland Transportation Authority or to a public-private partnership proposed or entered into by the Maryland Transportation Authority.

(c) Reports -- In general. --

(1) The reports provided by the Department of General Services under this section shall include information concerning all public-private partnerships involving units within the Executive Branch of State government, except for those units that are also reporting agencies.

(2) Following the submission of each of the reports required under this section, the budget committees shall have 45 days to review and comment on the reports.

(d) Reports -- Status of public-private partnership. --

(1) Not less than 45 days before issuing a public notice of solicitation for a public-private partnership, a reporting agency shall submit to the State Treasurer and the budget committees, in accordance with § 2-1246 of the State Government Article, a report concerning the proposed public-private partnership.

(2) By January 1 of each year, each reporting agency shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a report concerning each public-private partnership under consideration at that time by the reporting agency that has not been reviewed or approved previously by the General Assembly.

(3) By January 1 of each year, each reporting agency shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a status report concerning each existing public-private partnership in which the reporting agency is involved.

(e) Report -- Conduit financing. -- By January 1 of each year, a unit of State government that provides conduit financing for a public-private partnership shall submit to the budget committees, in accordance with § 2-1246 of the State Government Article, a report concerning each public-private partnership for which the unit is providing conduit financing.

§ 10A-101 - Definitions [Effective July 1, 2013].

(a) In general. -- In this title the following words have the meanings indicated.

(b) Budget committees. -- "Budget committees" means the Senate Budget and Taxation Committee, the House Committee on Ways and Means, and the House Appropriations Committee.

(c) Private entity. -- "Private entity" means an individual, a corporation, a general or limited partnership, a limited liability company, a joint venture, a statutory trust, a public benefit corporation, a nonprofit entity, or another business entity.

(d) Public infrastructure asset. -- "Public infrastructure asset" means a capital facility or structure, including systems and equipment related to the facility or structure intended for public use.

(e) Public notice of solicitation. -- "Public notice of solicitation" includes a request for qualifications, a request for expressions of interest, a request for proposals, or any combination thereof.

(f) Public-private partnership. --

(1) "Public-private partnership" means a method for delivering public infrastructure assets using a long-term, performance-based agreement between a reporting agency and a private entity where appropriate risks and benefits can be allocated in a cost-effective manner between the contractual partners in which:

(i) a private entity performs functions normally undertaken by the government, but the reporting agency remains ultimately accountable for the public infrastructure asset and its public function; and

(ii) the State may retain ownership in the public infrastructure asset and the private entity may be given additional decision-making rights in determining how the asset is financed, developed, constructed, operated, and maintained over its life cycle.

(2) "Public-private partnership" does not include:

(i) a short-term operating space lease entered into in the ordinary course of business by a unit of State government and a private entity and approved under § 4-321 or § 12-204 of this article;

(ii) a procurement governed by Division II of this article;

(iii) public-private partnership agreements entered into by the University System of Maryland, St. Mary's College of Maryland, Morgan State University, or Baltimore City Community College, where no State funds are used to fund or finance any portion of a capital project; or

(iv) revenue-producing transportation facilities under 21.01.03.03(b)(1)(d) of the Code of Maryland Regulations that is not a public-private partnership as defined under paragraph (1) of this subsection.

(g) Reporting agency. -- "Reporting agency" means:

(1) the Department of General Services;

(2) the Maryland Department of Transportation, for public infrastructure assets of any of its modal administrations;

(3) the Maryland Transportation Authority;

(4) the University System of Maryland;

(5) Morgan State University;

(6) St. Mary's College of Maryland; and

(7) the Baltimore City Community College.

(h) Responsibility determination. -- "Responsibility determination" means the determination by a reporting agency that a private entity that responds to a solicitation for a public-private partnership:

(1) has the capacity in all respects to perform fully the requirements of a public-private partnership agreement; and

(2) possesses the integrity and reliability that will ensure good faith performance.